Articles Tagged with Boston personal injury lawyer

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Boston Snow And Ice Accident Attorney

If you slipped and fell on snow and ice you may be confused about what to do, and what your rights are.  There are things you can do after a slip and fall to protect your rights.

Slipped and fell on snow and iceSlip and fall accidents can cause injuries ranging from strains and sprains, to dislocations and broken bones, to even death.  The challenge from a legal standpoint with these cases is establishing liability.  The fact that you slipped and fell on snow and ice does not mean you have a case worth pursuing.  Some slip and fall cases are worth pursuing, and some are not.  Here are examples of both:

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Most if not all Massachusetts personal injury, medical malpractice and products liability cases are taken on a contingency fee basis.  What does this mean?  I found the following informative and articulate post over at injuryboard.com authored by attorney Scott E. Smith.  Here is the post:

Abraham Lincoln once said, "A lawyer's time and advice is his stock in trade." In essence, asking an attorney for his advice is no different than asking an accountant to set up a business plan or do your taxes, a doctor to examine you, render a diagnosis and prescribe treatment or hiring an electrician to fix the wiring of your home. Nonetheless, many people are under the impression that calling a lawyer and asking a question is free. Although most lawyers will gladly answer preliminary questions regarding a legal matter, when it is determined a lawyer is needed, a fee contract is required.

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Most lawyers charge by the hour, as do most professions. Depending upon the lawyer's qualifications, experience and expertise, the hourly rate will vary. However, there are situations attorneys will work for a client on a contingent basis or on a reduced hourly rate and negotiated lower percentage. A contingency fee allows a lawyer to charge a client a percentage of money recovered in behalf of the client in a given case. A contingent fee contract has been referred to as the "poor man's key to the courthouse" because many individuals who are in need or require the assistance of an attorney cannot afford an hourly rate.

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Health Insurance Liens and Your Personal Injury Case

If you have been involved in a personal injury accident in Massachusetts, and your health insurance company has paid some, or all of your medical bills relating to your accident, then they are entitled to be paid back if you receive a settlement.  The money they are paid back comes out of the settlement.

This is often referred to as a ‘lien’ or a ‘right of recovery’ that your health insurance carrier has, by law, against the money that you recover from the accident.  Often, your attorney can reduce the amount that you owe to the health insurance carrier.  Many times, the health insurance carrier will take a 1/3 reduction of their lien to reflect the attorney’s fee that you must pay out of the settlement.  At times, the 1/3 reduction of the health insurance lien can be reduced even more by your attorney.

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One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index. If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper. Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

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One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index. If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper. Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

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A statute of limitations is the period of time set through law in which you are allowed to sue someone in court.  Generally, in Massachusetts, personal injury claims such as auto accidents, slip and falls, and dog bites, have, respectively, a three-year statute of limitations.

But be very clear that not all accident/personal injury claims have a three-year statute of limitations.  Some have shorter or longer periods depending on the facts and the applicable law.  If you have been hurt in an accident, I suggest you call an attorney immediately in order to protect your legal rights.

Please contact me with any questions of comments you may have in connection with Massachusetts personal injury law.

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A statute of limitations is the period of time set through law in which you are allowed to sue someone in court.  Generally, in Massachusetts, personal injury claims such as auto accidents, slip and falls, and dog bites, have, respectively, a three-year statute of limitations.

But be very clear that not all accident/personal injury claims have a three-year statute of limitations.  Some have shorter or longer periods depending on the facts and the applicable law.  If you have been hurt in an accident, I suggest you call an attorney immediately in order to protect your legal rights.

Please contact me with any questions of comments you may have in connection with Massachusetts personal injury law.

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Nothing substantive here; I just wanted to thank all my loyal readers and clients who read this blog.  I am proud to be able to blog and deliver information to people in Massaschusetts and beyond who have been negligently injured by someone else.  I hope my readers feel a little better about their rights after reading my blog, when dealing with injuries, mounting medical bills and lost time from work following a personal injury event. 

Thank you for reading.

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Is A Lawyer Contacting You After A Car Accident?
Following a motor vehicle collision people typically start receiving a ton of mail from insurance companies.  Unfortunately, some of this mail may also be from car accident lawyers soliciting you.  Sadly, there are lawyers who actually scour the accident reports from recent car crashes in order to solicit, either on the telephone, letter, or both, potential clients in hopes of drumming up business.  Many lawyers, including myself, look with disfavor on this practice because it gives personal injury lawyers a bad name.  I have written before on how injury lawyers do not deserve a bad reputation, but certainly these lawyers who solicit in this manner do nothing to elevate the reputation of personal injury lawyers in Massachusetts.
If you receive a letter from a lawyer after a car accident whom you did not contact, be careful when dealing with such a desperate and unscrupulous attorney.

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Boston Work Injury Lawyer

As a Boston work injury lawyer, I get asked this question very often. The answer is, it depends.  If you fell at work in Massachusetts, you cannot sue your employer.  But, you can make a claim for Massachusetts workers compensation benefits with your employer’s insurance company.  A claim is not of course the same thing as a lawsuit.

However, if your slip and fall accident was caused by the negligence of someone other than your employer, than you may be able to sue that third-party for your injuries.  In example would be a delivery driver injured on the steps of a home he is delivering a product to, or a cook who slips and falls on a wet and slippery floor that was caused by an outside cleaning company.  You get the picture.

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