Articles Tagged with Massachusetts personal injury lawyer

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Firing Your Massachusetts Personal Injury Lawyer

Unfortunately, for a number of reasons, the attorney/client relationship can sometimes sour.  At times, things get so bad that the client decides to fire the personal injury attorney and seen new counsel.  This is relatively common and not at all unusual.  What many personal injury clients do not know is that they are free to fire their attorney anytime, for any reason.  In fact, you do not even need a reason.  Either before, or during the course of a lawsuit, you are free to transfer your case from one lawyer to another and you will not be penalized for doing so.  This applies to all personal injury lawyers, including car accident attorneys, but also attorneys in all other areas of law.

Poor communication is the most common reason cited by injury victims who call me and tell me they want to change attorneys.  Oftentimes I hear “My attorney does not listen to me” or “My lawyer does not call me back.”  This is common as poor communication from the attorney kills many attorney/client relationships.  Sometimes, the relationship can be saved.  When it cannot, it is time to find a new attorney.

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Why Representing Yourself For A Personal Injury Case Is A Bad Idea
Many people decide to take a stab at handling their personal injury 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 from a car accident 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? Representing yourself is never a good idea. Hiring an experienced personal injury attorney will send a message to the insurance company that your case is not to be taken lightly.

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Massachusetts hit and run accidents happen all the time.  If you have been involved in one, you need to know about the following:

1)  The accident must be reported to your insurance company immediately;

2)  The vehicle that caused the accident and left the scene is unable to be identified;

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Negligence is one of three prongs of tort law (the two others being strict liability and intentional wrongs, but more on these in future posts).  Negligence is defined by Black's Law Dictionary (Second Ed.) as "The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm."  But what does that really mean?

The word refers to conduct that is considered objectively unreasonable.  For example, if you slipped and fell on ice in front of a store, and the store-owner had notice that the gutter above his store was leaking water onto the sidewalk and that this water would freeze in the winter, then that store-owner may have acted unreasonably, or negligently, in failing to correct the problem.  It was foreseeable – on the part of the store-owner – that someone would slip and fall on the ice (or maybe he or she even knew of slips and falls in the past and did nothing to correct it). 

Or, let's take the example of an automobile accident.  If a driver is driving erratically and ends up injuring someone, that driver may have been operating his automobile negligently, because he or she could have reasonably foreseen that someone would be injured as a result of his or her unreasonable conduct.

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