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Recent Blog Posts
Should the Personal Injury Client Provide a Statement?
I am often asked by an insurance company if my client will give a statement. This request raises a few intriguing questions. First, is my client obligated to give a statement? If it is a car accident case, the client is obligated to give a statement when seeking so-called first party benefits, i.e. PIP (Personal Injury Protection). The authority for this is contained in the auto insurance policy. It states that in the event a person is seeking payment under any provision of the policy, the insurance company has the right to take an examination under oath.
Contingent Fees in Injury Cases
What is called the “poor man’s keys to the courthouse”? The contingent fee system. In other countries, attorneys are paid directly by the client/litigant in the form of hourly compensation. In contrast, in the United States, in personal injury actions, a client is allowed to pursue a case where the attorney will only be paid if there is a recovery. Under this system, people who might otherwise be unable to pursue a rightful claim can do so without fear that they will face a large bill at the conclusion of the case. The first part of the contingent fee system to understand is the percentage of the recovery.
The Importance of Preparation for a Deposition
After filing a lawsuit, discovery takes place. By this, we refer to the exchange of documents, written answers to questions (known as interrogatories) and sworn testimony to oral questions (known as depositions). There are several other elements to discovery, including depositions of record keepers as well as witnesses (as opposed to parties). When judges review cases in a Pre-trial Conference, they will invariably ask, “Is discovery complete?” Often there will be depositions that remain to be taken.
Common Misconceptions of PI Lawsuits
Today’s blog is about common misconceptions regarding personal injury lawsuits. I have written blogs on trial practice evoking the old adage from the real estate field, “location, location, and location” in saying that trials are about “evidence, evidence, and evidence”. The pursuit of a personal injury case is at first a matter of “insurance, insurance, and insurance”, something that may surprise many. In every injury or accident case, we must know the insurance coverage of the adversary.
Wrongful Death Claims in Massachusetts
Wrongful death claims in Massachusetts are based on Chapter 229, Section 2 of the Massachusetts General Laws statute. In this blog, I will discuss the most important details of this statute. The claim is brought by a personal representative of the decedent, referred to as an administrator/administratrix or executor/executrix.
Common Questions for Personal Injury Lawyers
There are several questions that I am frequently asked as a personal injury attorney. The most common question is whether a client’s case will be tried or settled. Contrary to what we see on TV, most cases settle before trial. However, even if the case is settled, a lawsuit is often filed and discovery takes place. Your case could go almost to the point of a trial, but there are still many opportunities for settling prior to entering the courtroom. Mediation has become an often used tool and most litigators will consider it as an option.
Some Thoughts on Civil Cases
Most people are aware that in criminal cases the burden of proof is “beyond a reasonable doubt”. If that were expressed in numbers it translates to about a 90% certainty that the defendant has committed the crime. But people often assume that this is also the necessary burden of proof in civil cases. This misconception has been commonly expressed in the wake of the NFL’s investigation into the New England Patriots and Tom Brady for their/his possible role in the “deflate-gate”scandal. As the press has reported, there merely needs to be a “preponderance of evidence”, making it more than a 50% chance – or “more probable than not”- that the party is liable.
What Considerations Go Into a Motor Vehicle Accident Involving a Pedestrian?
Pedestrians often suffer extreme injuries when struck by a motor vehicle. In this video blog, I discuss the various legal considerations that one should be aware of concerning a pedestrian who is involved in such an accident in Massachusetts. One general consideration is the perspective of the opposing insurance company. The insurance company will attempt to defend against the pedestrian’s claim by invoking a Massachusetts statute that requires a pedestrian to cross in a crosswalk if one is available within 300 feet.
What Do We Look For After an Accident?
In a recent video blog, Defense attorney John Johnson spoke of important factors that he uses to assess a case. He explicitly mentioned that statements made soon after an accident or to a medical provider are very relevant to his determination of liability. As a plaintiff’s attorney, I want to point out that this can go either way: statements of the defendant at an accident scene are also very probative and for the same reasons.
The Dangers of Speculation By a Medical Provider in a Personal Injury Case
I often have clients who report to me that their medical provider will corroborate the crucial fact that the injury was caused by the accident. A review of the records, however, may reveal that there is a “possible” relationship between the accident and the injury. Sometimes, the term “could be related” is used. Thus, the causal connection is unclear at best.