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How much am I likely to get in an Massachusetts Car accident settlement?
This is a common question, but unfortunately it's very difficult to answer
without gathering all the information and first doing a thorough assessment of
your case. To do less would be a disservice to a client.
One of the biggest variables is how long your treatment takes, and how
extensive it is. We do not generally look for a settlement until you have
completed all of your medical care. That way we have the complete medical bills
to start from.
Every case is different. After your treatment is complete, and we've gathered
all the relevant, facts, I'll be able to give you my assessment of what we
should ask for, what we may be willing to settle for, and conversely,
under what conditions we might need to take the case to trial.
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How will my medical bills be paid?
If you hire me as your attorney in your car accident injury case, as a
service to you I'll make sure all of your medical bills will be paid. All the
bills will be directed to my office, and I'll process them, and forward
them to PIP or the appropriate insurance company, and
keep close track of the medical costs your incur.
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How long will it take to get a settlement from the insurance company?
Once again, this depends on the length of your treatment, since we don't put
in a claim until that is complete. From there, it depends on a lot of
administrative factors, and whether they are willing to settle or we need to sue
them in court. Generally, the quickest these things get resolved is 6 months
from the time of your accident, if your medical recovery time is not too
extensive and if it is a relatively simple case that the insurance company is
willing to setting. For more complicated and serious cases, and if the insurance
company isn't being reasonable and we have to take them to court, it can be a
year or more before your case is finally settled.
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Will we have to go to court to get a fair accident
settlement?
Only if the insurance company won't give us a reasonable offer. I would say
that about 90% of my cases do settle out of court, which is generally best for
the client if we can get a fair offer. That way you can get on with your life.
But I'll do whatever it takes to get a settlement that is fair and best for the
client, so if we have to fight them in court, then we aren't afraid to do so.
I prepare every case as if I expect to file a lawsuit and go to trial.
As the dates get closer, and the insurance company knows we are prepared
to follow through and settle it in court, it makes it more likely that
they'll ultimately make a fair settlement offer.
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What are considered settlement damages
from a Massachusetts Car Accident?
There are many different kinds of damages that can factor into a
Massachusetts auto accident settlement when the other person is at fault. Any
way that your life is negatively effected can be a factor. For example, I had a
client that was injured in an MA auto accident who had back injuries, and had to
wear a back brace as a bridesmaid in a wedding party. Any kind of discomfort,
inconvenience, and embarrassment can factor into negotiating a settlement. These
are things that I'll discuss with you during a thorough evaluation of you case.
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Am I entitled to sue for damages and pain and
suffering after a Massachusetts Car Accident?
Yes, under Massachusetts accident laws you can file a lawsuit for pain
and suffering if you meet the conditions described on my
pain and suffering damages
page.
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I was hit by a commercial vehicle or someone driving in the service of an employer. Is the employer also responsible?
Quite possibly, yes.
The employer may be liable for the employee's negligence under the
doctrine of
vicarious liability, where the company is responsible for negligent
acts committed during the course and scope of normal activities in
service to the company. If the individual does not have enough insurance
to cover all of your personal injury and pain and suffering claims, it
can be helpful to your chances of getting a fair settlement if there is
another party with liability.
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Who pays for damage to my car?
If your car is damaged in an accident, you are entitled to receive money
from the person who was responsible for the accident. If your car is
slightly damaged you may wish to recover through your own collision
insurance.
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Will my premiums increase if I make a claim?
An insurer cannot increase your premium rates solely because you or one of
the insureds under your policy made a claim and was paid unless it is
determined that you or the insured was at fault.
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Who pays the attorney fees?
We will lay out our fee structure before you agree to hire us to represent
you. Like most attorneys, we charge a contingent fee. This means that a percentage
of the gross recovery is paid as an attorney's fees. If no injury or
damage claims are recovered, then you don't owe any attorney fee. And we
don't get paid until you get paid.
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How do I prove who was at fault in my
Massachusetts car accident?
Our experienced attorneys have an extensive process and analysis methodology
to establish responsibility for the accident. Legally determining who is at fault
in a car accident is a critical step in protecting your rights and medical bills.
Click here for more details on how we establish legal responsibilities.
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Can I be compensated for lost wages
after missing work from my auto accident injury?
Yes, you can. In fact, it's possible for us to submit a claim to get you at least a portion of your wages back to you
before the final settlement, so you can have money for expenses while you are out of work,
receiving medical treatment,
and recovering from your injuries. But this is something you'll want to
do immediately, before your Personal
Injury Protection allowance gets paid out to cover medical bills. It's
better to get this money up front as compensation for your lost wages, and
get your medical bills paid afterwards as part of your final settlement.
The
paperwork on lost wages compensation can be tricky, and if you don't get it
done right away you can lose out. If this situation applies to you, and you
need wage compensation in place of your lost paycheck from your medical
condition after an accident, call me immediately so I can help you.
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I've been injured in a motorcycle accident. Are there any specific issues that are different for me?
Yes, there are some subtle, but important differences. For instance, if
you're injured in a MA motorcycle accident, you aren't eligible for the
no-fault medical coverage called PIP(
Personal Injury Protection).
We'll have to treat the case somewhat differently to make sure your medical
bills are covered. In some cases, that may mean more aggressive legal
strategies against the person who hit you. Please call me for details about
your Massachusetts motorcycle injury case.
I was charged with a crime in my accident (such as leaving the scene of an accident, leaving the scene of property damage,
operating to endanger, reckless driving, operating without insurance, or on a suspended license). Can you help me?
If you were injured in the accident, and you believe that another driver was at fault, then I can help you will all aspects of
your case. If your case does not involve your own injuries, than you'll need
a good Massachusetts
criminal traffic charge defense lawyer.
How long to I have to file a lawsuit after an
auto accident?
Generally, the statute of limitations for Automobile
Personal Injury cases in Massachusetts is 3 years. Limitations may vary
in Hit and Run cases, call me for details.
However, if you
think you may have an injury claim, you should speak to an attorney right
away to make sure all evidence is preserved and recollections are fresh in
your mind. It may be more difficult to win a case the longer you wait.