Is Your Car Accident Claim Worth Pursuing?
There are a number of factors that come into play when an attorney decides whether or not to take on a car accident case for a client. Here are some, but not all, of those factors:
1) Has the statute of imitations run (it is different for different types of cases)?
Massachusetts Personal Injury Deposition Tips for Plaintiffs
If you were injured due to negligence, you may find yourself involved in a lawsuit. If it is you (or your attorney) that filed the lawsuit then you are referred to as the plaintiff and the party you sued is the defendant.
A deposition is a part of the lawsuit process which you may be required to undergo. Whether it be a car accident case or other type of injury claim, most depositions work the same way. Note if your case is a workers’ compensation case you will not be expected to go to a deposition.
Many people decide to take a stab at handling their automobile accident claim without an attorney. That usually turns out to be a bad idea.
Why would an insurance company be concerned about you suing their insured (the person or company that injured you and whom they insure) when you are not a lawyer? Why would an insurance company pay you fair and reasonable compensation for your injuries when they know you don't have the leverage that an experienced attorney provides? Why would an insurance company not try to trick you since you don't regularly handle personal injury claims?
If you, or someone you know, has been injured in a car accident, call my office right now at 617 338 7400 or email me at cearley@earleylawgroup.com for a completely free, no obligation consultation. My office does not get paid unless your case settles or wins in court.
Someone Injured Me But I Can’t Afford To Hire An Attorney!
Not to worry. One of the hallmarks of personal injury law is that the injury victim does not get billed an hourly rate. Rather, the legal fee is a percentage of the gross amount recovered for the client.
Nearly all Massachusetts personal injury lawyers – as well as personal injury lawyers in other states – take motor vehicle accident cases on a contingency fee basis. What that means is that your attorney will take 33 1/3% (or possibly more if your case goes into suit) of any settlement or judgment amount as his/her legal fee at the conclusion of the case. If your attorney advances any costs in prosecuting your claim, it is you that is ultimately responsible for any such costs. Massachusetts workers’ compensation cases are also handled by contingency basis, and the amounts are set by law.
Here are some things to do (and things to avoid) following an auto accident in Massachusetts:
1) Call the police;
2) Tell the police officer(s) exactly how the accident occurred;
As mentioned on an earlier post, if you have been involved in an auto accident in Massachusetts, your insurance carrier will pay the first $2000.00 in medical bills you incur as a result of the accident. You may have to go to an Independent Medical Examination (IME) before your carrier pays for your medical bills, and that will be discussed in later posts.
In order to receive Personal Injury Protection (PIP) benefits from your carrier, you are required to fill and out and complete an application for PIP benefits. If you do not have an attorney representing you in your personal injury claim, I highly recommend that you pay an attorney to review your PIP application before you submit it to your carrier.
Please click here for a sample PIP application provided by The Premier Insurance Company.
Massachusetts Personal Injury and Workers' Compensation Law Blog