What is “personal injury”?
A personal injury is any sort of harm that occurs to a person because of someone’s negligence or a harmful act.
Do I even have a personal injury claim?
You have to be able to show that you were injured and it was caused by someone else’s negligence.
How do I know how much my case could be worth?
Every injury case is different. There are many factors that determine the value of a case, such as: the severity of your injuries; the length of time of any disability; how much were your medical bills; do you have any permanent injuries; did you have any broken bones; do you have any scarring; will there be any future medical expenses and/or life support costs; what sort of emotional trauma was involved; was there loss of consortium? If you are partially responsible for the accident or injury, the value of your case will be less dependent on your percentage of fault. The amount of money you could receive will depend on the factors listed above.
When should I hire an attorney?
You should hire an attorney immediately. The sooner your attorney can start obtaining evidence for your case, the better your chances are of success. Most cases are won or lost on the evidence provided. Often, there are very short time limits for filing notice of a claim. You must act very quickly to protect your rights.
What is negligence?
Negligence is failure to use reasonable care, resulting in damage or injury to another.
Why do I even need a lawyer if I have been injured?
The insurance company wants to do everything they can, as soon as they can, to minimize the fault of the insured they represent, and to try to dispute the value of a person’s injuries. So, it is always in the insurance company’s best interest to pay you as little as possible. Our job is to represent the injured person’s rights and to protect them from having their claims disputed or lessened by the insurance company.
Should I speak to other person’s insurance company after an injury if they want a recorded statement?
No! You should never give a statement to any insurance company without first considering the legal ramifications of this statement, and how it can be used against you. Any person who is injured should consult with an experienced personal injury attorney before agreeing to such a statement.
How long do I have to make a claim?
Every state is different and has certain time limits, that they call “statute of limitations”. This statute specifies the period which you must file a personal injury lawsuit. For example, in Massachusetts, you could possibly have as much three years to file a lawsuit. There are situations where before filing a lawsuit you must give proper notice of your claim. For instance, you may only have 30 days to notify the city if you were injured from a defective roadway and are going to pursue a claim against them. A claim against the city of state, such as the MBTA, requires that notice of the claim be given within 2 years. Failure to give proper notice, may prevent you from pursuing your claim and filing a lawsuit. However, no matter the cause of your injury, time is of the essence. You should contact a lawyer as soon as possible to ensure you have enough time to purse your case.
Does it take a long time to settle personal injury claims?
Depending on circumstances, it is important to allow injuries to be in a manageable state before you start beginning settlement negotiations. If you settle too quickly, you may miss important consequences of your injury, like the need for future medical treatments, scarring, or further rehab. Only when the treating physician gives a final medical report giving their opinion as to the prognosis and diagnosis, the evaluation of the case for settlement should begin. When this has been submitted to the insurance company, it sometimes takes take 4-6 weeks for them to review it before any negotiations begin. In some cases, the time may take substantially longer.
How much does it cost to hire an attorney?
We handle personal injury claims on a contingency fee basis. This means that the attorney fee and expenses are deducted from the settlement or award of your case. No attorney fee is paid unless you win, and receive a settlement on your case.
Will my medical bills be paid for?
If you are hurt in an automobile accident, you may have up to $8,000 in Personal Injury Protection (PIP) or other no-fault benefits such as MedPay. If you have health insurance, the first $2,000 of medical bills will be paid by PIP, and the remaining medical bills are submitted to your health insurance for payment. If you have more than $8,000 in medical bills, any unpaid medical bills could be deducted from your settlement. Often, we are able to negotiate with your medical provider to reduce the amount of the remaining medical bills that are not covered by PIP.
If you were hurt as a result of a liability accident such as a slip and fall, your medical bills may sometimes only be recoverable once a case settlement has been reached. Sometimes there can be a provision in the insurance policy to cover your medical bills. But, each accident and policy coverage will differ. Consult with an attorney to discuss these and any questions you may have.