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Can An Undocumented Worker File a Personal Injury Claim?

There are many undocumented workers in the United States. Unfortunately, many of these people work in occupations which are inherently dangerous. That means, with great frequency, these individuals are subjected to the risk of serious personal injuries. Many of these injured individuals believe that they are not allowed to file a claim because of their immigration status. However, regardless of their immigration status, they may and have the right to file a claim for personal injuries.

Frequently, our office represents individuals who have been injured on the job that are undocumented cash employees. Regardless of how the work accident occurred, these individuals have no less rights to Workers’ Compensation benefits than those workers who are, in fact, documented workers.

If an individual is undocumented and receiving cash payments for his or her labor from the employer, that employer must provide workers’ compensation insurance to that individual. If the employer does not carry Workers’ Compensation insurance, then the injured undocumented worker may file a claim with the trust fund located at the Massachusetts Department of Industrial Accidents. Therefore, for those that are injured on the job and who are not documented workers, their rights to workers’ compensation benefits are in place to protect them.

Similarly, for those that are undocumented and are involved in a car accident, they too are entitled to compensation. For example, if an individual comes to the United States and does not have a state-issued driver’s license, and that person is driving a motor vehicle and injured in a car accident, that individual may file a claim for his or her injuries.

Legally, the fact that the individual did not have a valid license has no legal bearing or legal relevance to that individual’s right to claim compensation. That is because the fact that the individual did not have a license did not in and of itself have anything to do with causing the car accident. I’m assuming in this situation that the undocumented individual who does not have a license was not considered negligent for causing the accident.

If the undocumented, unlicensed motor vehicle operator is considered to be at fault for causing the accident, then he or she will not have a viable claim for personal injury damages to pursue. It is only when the individual is not at fault for causing the motor vehicle accident that he or she may successfully file a claim for pain and suffering personal injury damages.

Similarly, in a slip and fall event or dog bite incident, if the individual injured is undocumented and does not have legal immigration status in the United States, that has no bearing on that individual‘s right to collect compensation stemming from the accident. Therefore, that individual is entitled to the same rights and benefits that one who does have citizenship in the United States to pain and suffering damages. Therefore, regardless of the type of accident, it doesn’t matter the immigration status of the injured individual.

In conclusion, in the context of workers’ compensation accidents, fault is not a consideration. Regardless of how the undocumented worker was injured at work, he or she is still entitled to the full range of workers’ compensation benefits that are available to anyone else in this similar situation. As well for any and all other additional personal injury claims, the immigration status of the injured individual does not come into play and has no relevance in such a situation, assuming, of course, that the individual was not responsible or at fault for causing the occurrence of the accident.

If you or anyone you know needs assistance with a Massachusetts personal injury case, please contact today the Law Office of Christopher Earley at 617-338-7400. We would be happy to provide a complimentary free consultation to discuss any and all rights that you may be entitled to.

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Answers To Frequently Asked Massachusetts Slip And Fall Law Questions

Massachusetts personal injury law encompasses a wide array of accident cases. By far, the most common type of personal injury accident is a motor vehicle accident. Also, extremely prevalent are industrial accidents oftentimes referred to as Workers’ Compensation accidents. Slip and fall accidents, as well, comprise a large proportion of accident cases in Massachusetts. These cases can often be very complex and challenging to the victim of the accident. Here are some answers to frequently asked Massachusetts slip and fall law questions.

How long do I have to file a claim?:

The statute of limitations for a slip and fall claim in Massachusetts is three years. There are some exceptions to this general rule. Most notably, there is an exception for minors who are involved in a slip and fall accident. They generally have three years from their 18th birthday to successfully bring a claim. Regardless of whether or not the victim is a minor or an adult, this three-year time period is very strict and must be adhered to completely.

What is a slip and fall accident?

Slip and fall accidents can happen in a myriad variety of ways. Common examples are slip and falls in supermarkets, slip and falls on snow and ice, as well as slip and falls due to leaks that may occur at rental properties or other similar commercial properties. Slip and fall cases are governed under premises liability principles in Massachusetts. Premises liability law basically means a homeowner or store owner’s liability for negligently causing someone to become injured on one’s premises. While slip and fall accidents are very, very common, also common a trip and fall accidents. These can be caused in an unlimited manner of ways, but common ones are uneven flooring or objects on the floor that should not be there, etc.

What are some common types of injuries that arise from slips and falls?

They can range from the mild to the catastrophic personal injuries. A slip and fall can cause someone to sustain soft injury tissues, which are sprains and strains, or potentially broken bones, or torn ligaments may occur. Depending on the severity of the injury suffered, surgical intervention may be necessary. Sadly, there are potentially catastrophic injuries that can result from a slip and fall accident. This is commonly the case when either the head or the back sustains significant paralyzing trauma.

Will I need a slip and fall attorney for my case?

That really depends on the facts of the case. If your accident was strictly your fault, you definitely don’t need an attorney because there’s no claim to pursue. However, if your accident was, in fact, caused by the negligence of a third-party, then you likely have a claim to pursue. But even if a party was negligent for causing your accident to occur, you still need to have suffered from personal injuries stemming from the accident and are to have a claim.

Are settlements involving slip and falls taxable?

No. Neither state or federal law considers a settlement from a personal injury accident to be taxable. The justification for that rule is that a settlement is intended to make the accident victim whole and is, therefore, not considered a taxable event to the accident victim.

How do I find a slip and fall attorney near me?

The internet is a great place to review attorney websites, as well as the reviews. Even better is a referral from a friend or someone that you can trust to put you in touch with a trusted attorney. Personal recommendations are generally the best ways to go about finding a trusted and capable slip and fall accident lawyer.

How much is my case worth?

That question really depends on whether or not there is a claim to begin with. Remember, you need two things for these types of cases. You need liability and damages. Assuming that both can be established, then the case value is largely predicated on the severity of the injuries as well as the strength of the liability claim against the responsible party. That analysis can be a complicated one that is best performed by an attorney who is experienced with handling slip and fall cases.

Who will pay my medical bills?

Unlike car accidents, which have in place no-fault car insurance benefits, there is no such insurance coverage for slip and fall or other premises liability claims. What that means is that the injury victim’s medical bills, if they are not paid by health insurance, must be paid out of any eventual settlement that results from the claim that is pursued. Additionally, some insurance policies have insurance coverage called Medical Payments Coverage. This is a no-fault benefit, which is typically in the neighborhood of $5,000 to $10,000, which provides no-fault payment to the injury victim for his or her medical bills arising from the accident. However, not all general liability policies carry this coverage in its policy provisions.

How do I get lost wages paid if I miss time from work?

Just like with medical bills, if lost wages are sustained, they will need to be paid back to the victim out of a potential settlement. The reason for that is there are no lost wage insurance payments that are possible through any type of insurance policy other than a general liability insurance policy, which will pay out any type of possible settlement to the injury victim.

What does liability mean?

Liability is crucial for slip and fall accidents because it is liability that determines whether or not a property owner is responsible for one’s accident. This is an issue that comes down essentially to reasonableness. When one determines whether or not there is liability, one must examine whether or not the property owner acted reasonably in maintaining his or her premises. The accident may have been caused by a spilled drink or snow and ice or some other condition which the property owner knew about. If it can be shown that the property owner had notice of the condition that caused the fall and didn’t act reasonably in advance of the fall to address the condition, then that store owner may be considered to be liable under Massachusetts Premises Liability Law.

Can I change attorneys if I’m unhappy with my current one?

Yes. If you have a slip and fall claim or lawsuit with an attorney and you’re unhappy with that slip and fall attorney’s services, you have the unfettered right to change lawyers at any time. In fact, you don’t even need a reason. You have the right to bring your case to another attorney should you decide to do so. Additionally, your attorney may also discharge you as a client. However, if the case is already in litigation, the attorney will need permission from the judge to allow him or herself to be discharged from the case.

Will I have to go to court?

The majority of slip and fall cases, just like with all other personal injury cases, do settle amicably without the necessity of going to court. But cases do need to be tried from time to time. If your case is one in which it is not going to settle, then a trial will be necessary. The trial will be overseen by a judge, and ultimately, it is a jury that decides whether or not toward monetary damage to the injured victim. As a side note, the injured victim in a lawsuit is referred to as the plaintiff, and the person or company that is sued is referred to as the defendant.

If you or anyone you know needs additional questions answered related to a personal injury law in Massachusetts, please call the law office of Christopher Earley today at 617-338-7400. Additionally, be sure to request our free book called The Truth About Massachusetts Slip and Fall Accidents, which is a free guide intended to educate consumers on how to make the best possible legal decision for their slip and fall case.

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Answers To Frequently Asked Massachusetts Slip And Fall Law Questions

Massachusetts personal injury law encompasses a wide array of accident cases. By far, the most common type of personal injury accident is a motor vehicle accident. Also, extremely prevalent are industrial accidents oftentimes referred to as Workers’ Compensation accidents. Slip and fall accidents, as well, comprise a large proportion of accident cases in Massachusetts. These cases can often be very complex and challenging to the victim of the accident. Here are some answers to frequently asked Massachusetts slip and fall law questions.

How long do I have to file a claim?:

The statute of limitations for a slip and fall claim in Massachusetts is three years. There are some exceptions to this general rule. Most notably, there is an exception for minors who are involved in a slip and fall accident. They generally have three years from their 18th birthday to successfully bring a claim. Regardless of whether or not the victim is a minor or an adult, this three-year time period is very strict and must be adhered to completely.

What is a slip and fall accident?

Slip and fall accidents can happen in a myriad variety of ways. Common examples are slip and falls in supermarkets, slip and falls on snow and ice, as well as slip and falls due to leaks that may occur at rental properties or other similar commercial properties. Slip and fall cases are governed under premises liability principles in Massachusetts. Premises liability law basically means a homeowner or store owner’s liability for negligently causing someone to become injured on one’s premises. While slip and fall accidents are very, very common, also common a trip and fall accidents. These can be caused in an unlimited manner of ways, but common ones are uneven flooring or objects on the floor that should not be there, etc.

What are some common types of injuries that arise from slips and falls?

They can range from the mild to the catastrophic personal injuries. A slip and fall can cause someone to sustain soft injury tissues, which are sprains and strains, or potentially broken bones, or torn ligaments may occur. Depending on the severity of the injury suffered, surgical intervention may be necessary. Sadly, there are potentially catastrophic injuries that can result from a slip and fall accident. This is commonly the case when either the head or the back sustains significant paralyzing trauma.

Will I need a slip and fall attorney for my case?

That really depends on the facts of the case. If your accident was strictly your fault, you definitely don’t need an attorney because there’s no claim to pursue. However, if your accident was, in fact, caused by the negligence of a third-party, then you likely have a claim to pursue. But even if a party was negligent for causing your accident to occur, you still need to have suffered from personal injuries stemming from the accident and are to have a claim.

Are settlements involving slip and falls taxable?

No. Neither state or federal law considers a settlement from a personal injury accident to be taxable. The justification for that rule is that a settlement is intended to make the accident victim whole and is, therefore, not considered a taxable event to the accident victim.

How do I find a slip and fall attorney near me?

The internet is a great place to review attorney websites, as well as the reviews. Even better is a referral from a friend or someone that you can trust to put you in touch with a trusted attorney. Personal recommendations are generally the best ways to go about finding a trusted and capable slip and fall accident lawyer.

How much is my case worth?

That question really depends on whether or not there is a claim to begin with. Remember, you need two things for these types of cases. You need liability and damages. Assuming that both can be established, then the case value is largely predicated on the severity of the injuries as well as the strength of the liability claim against the responsible party. That analysis can be a complicated one that is best performed by an attorney who is experienced with handling slip and fall cases.

Who will pay my medical bills?

Unlike car accidents, which have in place no-fault car insurance benefits, there is no such insurance coverage for slip and fall or other premises liability claims. What that means is that the injury victim’s medical bills, if they are not paid by health insurance, must be paid out of any eventual settlement that results from the claim that is pursued. Additionally, some insurance policies have insurance coverage called Medical Payments Coverage. This is a no-fault benefit, which is typically in the neighborhood of $5,000 to $10,000, which provides no-fault payment to the injury victim for his or her medical bills arising from the accident. However, not all general liability policies carry this coverage in its policy provisions.

How do I get lost wages paid if I miss time from work?

Just like with medical bills, if lost wages are sustained, they will need to be paid back to the victim out of a potential settlement. The reason for that is there are no lost wage insurance payments that are possible through any type of insurance policy other than a general liability insurance policy, which will pay out any type of possible settlement to the injury victim.

What does liability mean?

Liability is crucial for slip and fall accidents because it is liability that determines whether or not a property owner is responsible for one’s accident. This is an issue that comes down essentially to reasonableness. When one determines whether or not there is liability, one must examine whether or not the property owner acted reasonably in maintaining his or her premises. The accident may have been caused by a spilled drink or snow and ice or some other condition which the property owner knew about. If it can be shown that the property owner had notice of the condition that caused the fall and didn’t act reasonably in advance of the fall to address the condition, then that store owner may be considered to be liable under Massachusetts Premises Liability Law.

Can I change attorneys if I’m unhappy with my current one?

Yes. If you have a slip and fall claim or lawsuit with an attorney and you’re unhappy with that slip and fall attorney’s services, you have the unfettered right to change lawyers at any time. In fact, you don’t even need a reason. You have the right to bring your case to another attorney should you decide to do so. Additionally, your attorney may also discharge you as a client. However, if the case is already in litigation, the attorney will need permission from the judge to allow him or herself to be discharged from the case.

Will I have to go to court?

The majority of slip and fall cases, just like with all other personal injury cases, do settle amicably without the necessity of going to court. But cases do need to be tried from time to time. If your case is one in which it is not going to settle, then a trial will be necessary. The trial will be overseen by a judge, and ultimately, it is a jury that decides whether or not toward monetary damage to the injured victim. As a side note, the injured victim in a lawsuit is referred to as the plaintiff, and the person or company that is sued is referred to as the defendant.

  If you or anyone you know needs additional questions answered related to a personal injury law in Massachusetts, please call the law office of Christopher Earley today at 617-338-7400. Additionally, be sure to request our free book called The Truth About Massachusetts Slip and Fall Accidents, which is a free guide intended to educate consumers on how to make the best possible legal decision for their slip and fall case.

[chrisearley]

Answers to Massachusetts Workers’ Compensation Law Frequently Asked Questions

As a Workers’ Compensation attorney in Massachusetts, my office represents those who have been injured on the job. Many of these injury victims have questions relating to what their rights are following an accident at work. The following are some answers to some frequently asked questions that I typically field each and every day. While by no means exhaustive, the following questions are those that typically arise on the part of those that are injured on the job.

What is Workers’ Compensation?

Workers’ Compensation is essentially a statutory framework, which provides for legal protections for those who are injured on the job. These laws are set up so that even if an injured worker is at fault for causing a Workers’ Compensation accident, that worker can still claim entitlement to Workers’ Compensation benefits. It therefore, is a no-fault benefit system. Workers’ Compensation law applies to any and all injuries that arise in the workplace during the course and scope of employment. Common Workers’ Compensation benefits include payment for medical bills as well as lost wages.

Can I sue my employer if I was injured at work?

Massachusetts Workers’ Compensation law specifically prohibits lawsuits against employers stemming from workplace accidents resulting in injuries. There is an exception to this rule in that if a worker is injured while on the job and the accident is due to the fault of a third party that is not related to the employer, then the employee may pursue a third-party claim against that third party. However, in the absence of a potentially liable third party, the injured worker is strictly limited to the rights and remedies provided under the Workers’ Compensation law.

How much can I get in Workers’ Compensation benefits?

If a worker is temporarily totally disabled from working, that individual may collect weekly benefit checks that are tantamount to 60% of the injured worker’s average weekly wage. If the injured worker is partially, temporarily disabled from working, that individual is entitled to collect 75% of the injured worker’s temporary total disability rate.

What is average weekly wage?

Average weekly wage is a critical component of any Workers’ Compensation claim. Average weekly wage is the sum total of wages an injured worker has earned in the past 52 weeks. That grand total from the last 52 weeks is divided by 52, and that number equates to the injured worker’s average weekly wage.

Will my case settle?

Frequently, many Workers’ Compensation claims do settle. They settle by what is referred to by a lump sum settlement. Lump sum settlements are typically found when an injured worker continues to receive weekly Workers’ Compensation benefits, but the injured worker does not intend to return to the employer where he worked at the time of the accident. In that event, a lump sum settlement may be a good option for the injured worker. If a lump sum settlement is settled with liability, that means the insurance company, for the rest of the employee’s life, will be responsible for all reasonable related and necessary medical costs that arise in connection with the injured worker’s injuries. If the lump sum settlement is settled without liability, that means, typically, the insurance company will not pay for future medical treatment. In that event, with a settlement without liability, the Workers’ Compensation insurance company will likely pay all reasonable and necessary medical bills that are accrued up until the time of the settlement.

Are Workers’ Compensation benefits taxable?

No. Neither state or federal taxes are taken out of Workers’ Compensation benefits. The reason for that is that Workers’ Compensation benefits already take into account taxes. So therefore, there is no requirement to pay taxes when one is receiving Workers’ Compensation benefits.

What are some common types of Workers’ Compensation accidents?

These workplace injuries can arise in a multiple of circumstances. Typically, they arise with Massachusetts motor vehicle accidents, slips and falls, and any and all other potential contexts in which an injured worker may suffer injuries on the job.

Do I need to get a lawyer if I was injured at work?

It is always wise to at least consult with a Workers’ Compensation attorney in Boston because that way, the attorney can give you the full panoply of rights and remedies to which you may be entitled to collect. Without speaking with an attorney, you really don’t know what rights and remedies are available to you. Therefore, it really makes good sense to consult with an attorney so that you may make the best possible legal decision for your case. Additionally, you likely don’t have experience with handling Workers’ Compensation cases. Therefore, retaining an attorney who is competent and experienced in this arena can pay large dividends to you with your case.

What if my employer does not have Workers’ Compensation insurance?

This happens quite a bit. If your employer does not carry any type of Workers’ Compensation insurance, then you’re not without remedy. In that situation, a claim can be made with the Massachusetts Trust Fund, which is a department within the Department of Industrial Accidents. This is a branch of the Department of Industrial Accidents that handles cases in which there is no Workers’ Compensation insurance. This trust fund will pay out on meritorious claims and additionally will pursue penalties against any and all employers in Massachusetts who are caught by not following Workers’ Compensation laws and requirements.

Where can I learn more about this area of law?

The entirety of the Massachusetts Workers’ Compensation laws and regulations are found at Chapter 152 of Massachusetts General Laws.

Can I get pain and suffering for a work injury?

Generally, no. If there’s no third party to pursue for a work injury in Massachusetts, then you’re limited to Workers’ Compensation rights that you have against your employer, and in that situation, you may not pursue a claim for pain and suffering for your work injury.

What can I expect in court with my case?

There are three principal stages of a Massachusetts Workers’ Compensation claim that’s been filed in court. The first stage is a conciliation. This is a meeting between you and the attorney for the insurance company. Also present is a conciliator who works for the Department of Industrial Accidents. If you have an attorney, that attorney will handle the conciliation on your behalf. What happens in the conciliation is that the parties present the claim to the conciliator, and the conciliator decides if there’s enough proof to justify sending the case on to conference. If the conciliator does find sufficient proof to send the matter forward, then the claim will be sent forward to conference.

A conference is a preceding in front of a judge. At this point, it really makes good sense to have an attorney on your side because this is a formal court preceding in court with the judge present.The conference entails the attorney for both the employee as well as the insurance company attorney presenting the facts of the case to the judge. The judge will decide which party wins at conference. Either party, whether they win or lose, may file an appeal of the conference order, which issues a few days after the conference is held.

The next stage in the hearing, if the conference order is appealed, is a hearing. The hearing is essentially an informal trial that is held between the parties and presented to the judge. It is a preceding in which the parties present evidence, testimony, and documents to the judge. Then, the judge will, a few months later, render his or her decision considering what was presented to him or her during the hearing. Either party may appeal the hearing decision. The next judicial step is a review of the case by a panel of judges called the Reviewing Board.

If the insurance company is contacting me, should I speak with them?

No. It is never a good idea to contact a Workers’ Compensation insurance company. The reason for that is that the insurance company may try to trick you into signing paperwork, which can result in you forever waiving rights to which you are entitled. They frequently will send an injured victim forms to sign. By signing those forms, you may be completely limiting the rights to which you are entitled under Massachusetts Workers’ Compensation law.

What injuries are covered by workers’ compensation?

Workers’ Compensation law in Massachusetts covers any and all injuries that arise at the workplace during the course and scope of employment. These injuries can be physical, emotional, or mental injuries. As long as there is a causal connection between the workplace and the occurrence of the injury and that the injury arose during the course and scope of one’s employment, then a viable Workers’ Compensation claim may be pursued.

  If you or anyone you know needs the assistance of a Boston Workers’ Compensation attorney, please contact today the Law Office of Christopher Earley at 617-338-7400 for your free, no-obligation consultation. Additionally, be sure to request your free copy of our book entitled, The Truth About Massachusetts Workers’ Compensation Accidents. This book was written to help you, the injured victim, make the best possible decision for your claim.

[chrisearley]

Massachusetts Personal Injury FAQs

For those that are not familiar with Massachusetts personal injury law, it can be, at times, a very confusing subject. Besides providing legal services to our clients, our office also believes in sharing free legal information. The following are some answers to frequently asked questions relating to Massachusetts personal injury laws. While this list is by no means exhaustive, it does cover many areas of personal injury law in Massachusetts.

How long do I have to file a claim?

Technically, the statute of limitations for a personal injury claim in Massachusetts is generally three years with some exceptions. That means that if a lawsuit is not filed within that three-year period, the claim will forever be time-barred. The statute of limitations runs from the day of the accident. There are essentially no exceptions to the statute of limitations, so filing a case in court within that mandated time period is essential.

What is a personal injury?

A personal injury can be an injury to one’s physical person or an emotional injury. Examples of common physical personal injuries are broken bones, burns, lacerations, tears, strains, and sprains, etc. Examples of emotional or mental personal injuries can be post-traumatic stress disorder, depression, anxiety, etc. There are innumerable ways in which someone can sustain a personal injury stemming from an accident.

What are some common types of personal injury claims?

The most common types are car accident cases. Other common personal injury accidents are slip and falls, workers’ compensation, bicycle accidents, truck accidents, etc.

Will I need a Massachusetts Personal Injury Lawyer for my case?

Technically, there is no requirement to hire an attorney. One can absolutely represent one’s self for an injury case. However, it is always recommended to seek legal counsel so that your rights are fully protected. An experienced injury attorney will help navigate your case through the claims process, and if necessary, the judicial process. That will ensure that you will end up with the best possible settlement at the end of your case.

Are settlements taxable?

Neither federal law or state law considers personal injury settlements in Massachusetts to be taxable income. The reason why is that a settlement is not considered a taxable event because the settlement is strictly intended to make the victim whole. That means the settlement is intended to put the injury victim financially in the place where he or she was at the time of the accident. Sometimes, in limited circumstances, a settlement for emotional distress can be considered taxable income, but that determination really rests on the facts of a particular case.

How do I find an injury attorney near me?

If you don’t know of any friends or family members that have a recommendation for a personal injury accident attorney, the internet is a great place to start to find an attorney. Websites such as Google and Avvo, are tremendous resources for reviewing attorneys, as well as reviewing reviews that have been left by an attorney’s prior clients. The internet is a treasure trove of information that can help anyone find a competent, experienced, qualified Massachusetts injury attorney.

How much is my case worth?

That is a loaded question because that really depends on a number of factors. Considerations such as liability, as well as the amount of medical bills, the extent of medical treatment, the amount, if any of lost wages, etc., all are considered in determining the value of a personal injury case. Each case, therefore, must be considered on its own merit in determining its particular settlement value.

What is PIP?

PIP stands for Personal Injury Protection. These are no-fault benefits that are available under the standard Massachusetts automobile insurance policy. PIP pays for medical bills even if one is responsible for causing a car accident. The PIP auto insurer will pay the first $2,000 in one’s medical bills. Any bills over $2,000 must be submitted to the individual’s private health insurance company. Any bills that the private health insurance company do not pay get kicked back to the PIP auto insurer for payment of bills up to $8,000. If the injury victim has MassHealth benefits, then MassHealth will pay up to $8,000 in medical benefit payments for an accident victim’s medical bills.

How do I get lost wages paid?

If it’s a car accident claim, then lost wages can be paid through PIP coverage. If it’s any other type of accident case, the lost wages must be paid out to the victim out of the eventual settlement. If the claim is a Workers’ Compensation claim, then Workers’ Compensation will pay for the injured worker’s lost wages.

In the context of Massachusetts workers’ compensation law, if the injured worker is completely unable to work, then he or she is entitled to 60% of his or her average weekly wage. If the injured worker is partially disabled from working, then he or she is entitled to 75% of his or her total disability rate. Workers’ Compensation Law is a different animal than Massachusetts Personal Injury Law as it is strictly set forth in Massachusetts law under Massachusetts General Laws, Chapter 152.

What does liability mean?

Liability is a legal term for fault. Fault, in a context of a personal injury accident, can arise from a car accident, or a slip and fall, or any other type of injury-causing accident. For example, if one is driving a motor vehicle and rear-ends another vehicle, the vehicle that rear-ended the other vehicle would be considered to be at fault or negligent. Similarly, a store owner who fails to properly maintain the store’s premises, and someone slips and falls as a result, then the store can be potentially be considered liable or negligent for causing the accident victim’s injuries.

What is premises liability law?

Premises liability cases are those in which someone is injured either at a house or a business. These cases generally turn on whether or not the property owner or the one in control of the premises acted reasonably in maintaining the premises. Common types of premises liability cases are slip and falls, trip and falls, and any and all other incidents that occur on residential work commercial premises?

Can I change lawyers if I’m unhappy with my current attorney?

Yes. You may, at any time and for any reason, change attorneys during the life of a case. In fact, you don’t even need a reason to change lawyers. Massachusetts law allows injury victims to freely choose who represents he or she for a particular case, and there are no penalties for changing attorneys. However, your prior attorney may have a claim to payment for the reasonable value of his or her services that were rendered up until the time of the termination of his or her services. If at the time the lawyer’s services were terminated, he or she had already filed a lawsuit on behalf of the client, then that attorney may file what is called a statutory lien, which is enforceable lien for the attorney under Massachusetts law.

Why won’t an attorney take my case?

Personal injury lawyers in Massachusetts, unfortunately, cannot take on every case that comes across his or her desk. Frequently, attorneys decline cases in which the injury victim may be considered to be at fault for causing the accident. Or even if the injury victim is not at all at fault for causing the accident, if he or she did not sustain any type of physical or mental injuries, then there would be no claim for compensation that may be pursued.

For car accident cases, if the injury victim is not considered to be at fault, but his or her medical bills do not exceed $2,000, then he or she will not have a claim for pain and suffering against the driver who caused the accident. The reason for that is that Massachusetts law requires that in order for one to recover a pain and suffering settlement arising from a car accident case, the victim’s medical bills must be at least $2,000. This $2,000 amount encompasses any and all bills that are necessary, reasonable, and related to the initial accident.

Will I have to go to court?

The vast majority of personal injury cases in Massachusetts settle without the necessity of a jury trial. Most cases, in fact, settle without the necessity of a lawsuit having to be filed. Even if a case does require the filing of a lawsuit, the overwhelming majority of litigation cases do settle prior to trial. Therefore, the chances of you having to go to court for your case are exceedingly slim.

If my case does go to court, will I have to testify?

If your case does not resolve, then a trial will be necessary. This would be a jury trial overseen by a judge. You, more than likely, will, in fact, need to testify at your trial. What will happen is your attorney will put you on the witness stand for what is called direct examination. Following your direct examination, the attorney for the insurance company will perform a cross-examination. And following that, your attorney will follow-up with a redirect examination of you on the witness stand. Your attorney will prepare you for what to expect during your oral testimony at your jury trial.

If I lose a trial, can I appeal?

There are very limited circumstances in which an injury victim may successfully appeal a personal injury verdict. If at trial, the jury awards a defense verdict, that means you will not receive any compensation for your case. Unless there was an error at trial committed by the judge, then there will be very little likelihood of your case being successfully appealed. Therefore, the outcome at trial is likely the outcome that you will be stuck with.

  If you have any other additional questions related to personal injury law, I encourage you to contact the Law Office of Christopher Earley at 617-338-7400. We would be happy to provide you a free, no-obligation telephone consultation to discuss whether or not you have a claim that may be pursued successfully.

[chrisearley]

Can my personal injury attorney settle my case without my consent?

Many people who have experienced an accident caused by negligence, end up hiring a personal injury lawyer for legal representation. That is almost always a good decision to make because by hiring an attorney for your accident case, you’ll be assured that your rights are fully protected and that you will get the best possible resolution for your claim.

Your attorney must operate within certain ethical boundaries that are set forth by the state. These ethical duties are very strict and numerous. First and foremost, an attorney is an advocate for a client. The attorney must operate and make decisions for a case that are fully for the benefit of the client.

One of these ethical duties is the requirement to report to the client any and all settlement offers on the client’s case. Whether it be an automobile accident, a pedestrian accident, a bicycle accident, etc., it doesn’t matter what type of personal injury case it is. For any injury claim, the insurance company will be, from time to time, making offers of settlement. Your attorney must inform you of these settlement offers.

When your attorney informs of these offers, he or she will likely be counseling you as to whether or not you should accept a given offer. Ultimately, you are the client, and it is your case, so therefore, you are the ultimate decider as to when and for how much money your case will settle for.

It is strictly prohibited for an attorney to settle a Massachusetts personal injury claim for a client without the client’s consent. Failure to follow this very strict and unforgiving rule can subject the attorney to disciplinary action by the Massachusetts Board of Bar Overseers. Therefore, your attorney can never, under any circumstances, settle your personal injury claim without your express consent.

Once you agree to settle the case, the insurance company will provide to your attorney a written release of all claims. This release operates as a binding contract in which you agree that an exchange for receiving the settlement money, that you will be forever barred from bringing the same claim in the future.

Shortly after receiving the signed release from you, the attorney will send it to the insurance company, and then the insurance company will ultimately pay the settlement money with a check that is sent to your attorney. Once your attorney receives the check, he or she will sign the check, and then you will sign the check, and that check will be deposited into the attorney’s escrow account. Once those funds are clear, then your attorney may disperse to you your portion of the settlement.

If you have any questions pertaining to personal injury laws in Massachusetts, please contact the Law Office of Christopher Earley today at 617-338-7400 for your full no-obligation case consultation.

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What Makes a Good Personal Injury Lawyer?

There is definitely no shortage of personal injury lawyers in Massachusetts. With so many attorneys to choose from, how are you supposed to find the right one? And moreover, what makes a good personal injury lawyer? Here are some considerations to consider when determining whether or not a personal injury lawyer is a good fit for you.

A good personal injury attorney always communicates with his or her clients. Communication in the context of the attorney-client relationship is paramount. Generally speaking, the number one complaint clients have with their attorneys is, failure to communicate. The best and most effective personal injury lawyers regularly communicate with their clients. What makes a good personal injury attorney is the one who informs the client as to case progress. If the attorney is not communicating with the client, the client can often feel neglected and unimportant. That can only cause problems between the attorney and the client. Therefore, regular and effective communication is definitely an attribute of a good personal injury lawyer.

What also makes for an effective personal injury lawyer is the one who genuinely cares about his or her clients. Some personal injury firms are mills in that they handle a large volume of cases with the goal of settling as many cases as possible and as quickly as possible. It is important to have an attorney who genuinely cares about your case.

If the attorney is trying to rush your case toward a settlement, there’s a high likelihood the attorney is not genuinely interested in your best interest. The most effective attorneys are generally the ones who care most about their clients’ cases. Therefore, what makes a good personal injury lawyer is the one who cares about fighting for the client and the client’s interests.

What also makes a good personal injury lawyer is the ability to litigate a client’s case to conclusion. Many attorneys are unwilling or lazy and don’t want to expend the necessary effort to litigate a client’s case in court. Many attorneys are, in fact, fearful of going to court and perhaps inexperienced in the necessary procedures involved in litigation.

What definitely makes a good personal injury lawyer is the one that does not back down from an insurance company and is willing to go the distance in order to try the case in front of a judge and jury. The attorney who is gun-shy about filing a case in court and trying a case in front of a judge and jury is an attorney that you want to definitely stay away from.

What also makes for a good personal injury lawyer are reviews. There’s no shortage of reviews for attorneys. There are many online sites which you can review an attorney’s reviews from past clients. Sites like Avvo and Google are great repositories with thousands and thousands of reviews that can be easily and quickly accessed by any potential client. Reviews can help a client determine whether or not an attorney is a good fit. Therefore, what typically makes for the best personal injury lawyer is the one who has the best reviews as well as the highest quantity of very good reviews.

In conclusion, there is really no specific formula for determining what makes for a good personal injury lawyer. However, the proceeding points can help one determine who the right lawyer is, as well as determine who the right lawyer is not for a client’s particular case. If you or anyone you know needs the assistance of a Boston personal injury attorney, I encourage you to contact today the Law Office of Christopher Earley at 617-338-7400 to get started.

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What Percentage Do Personal Injury Attorneys Get?

Many clients who have been involved in any type of accident are concerned about their cost of hiring an attorney. While some attorneys do, in fact, charge very, very high, exorbitant hourly rates, that is not the case with personal injury attorneys in Boston. These attorneys handle accident cases on a contingency fee basis. That means the attorney is only paid his or her fee in the event the case settles.

The contingency fee is reflected in the contingency fee agreement that is signed at the outset of the case by both the client and the attorney. The percentage depends on the case involved and the attorney involved. Generally, the fee percentage for personal injury cases is 33.3%. However, for some cases, such as slip and fall cases or other premises liability cases, the fee could be more than 33.3%. It may be 37% or even as high as 40%.

Some attorneys have in their contingency fee agreements the percentage that he or she will charge. However, sometimes that percentage can increase in the event that the case has to be filed in court. For example, suppose you’re involved in a car accident case, and the contingency fee agreement charged by the attorney is 33.3%. There is a chance the fee agreement spelled out in the contingency fee agreement states that the fee will go up to as much as 40% if the case is filed in court. That is an important consideration to keep in mind when reviewing a contingency fee agreement that is proposed to by an attorney.

Many attorneys will, if requested, negotiate their fees. Therefore, like all things in life, the attorney contingency fee agreement can be negotiated. Some attorneys will reduce their fees, and some will not. However, you will never know until you actually ask the attorney for that request.

Keep in mind with the contingency fee that does not include case expenses advanced by the attorney. The attorney’s office will advance costs such as obtaining medical records, medical bills, and if applicable, will incur case filing expenses. Therefore, at the end of the case, the attorney will collect the contingency fee as well as recoup all case expenses advanced by the attorney during the case.

If you or anyone you know needs the services of a personal injury attorney in Massachusetts, please contact the Law Office of Christopher Earley today at 617-338-7400 for your free, no-obligation consultation.

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Why Do Personal Injury Attorneys Have a Bad Reputation?

There are over a million licensed attorneys in the United States. However, there is no question that, generally speaking, attorneys can oftentimes be not held in the highest regard by the public. Most notably, personal injury lawyers fall into this category. Regrettably, many people in society view personal injury lawyers very unfavorably.

The overwhelming majority of attorneys who handle personal injury cases are good, honest, ethical people. However, there are some bad apples that have sullied, unfortunately, the reputation of personal injury lawyers. So, why do personal injury attorneys have a bad reputation?

The first reason is because of tacky or distasteful TV advertising. There’s no shortage of personal injury attorneys advertising their services on television networks. Many of these commercials can be tacky and downright pathetic. That is not a strong image that is projected into the consciousness of the public at large.

Another reason why personal injury lawyers have a bad reputation is due to the perception that they’re ambulance chasers. Many in society view personal injury attorneys as merely opportunistic and profiting from the suffering of others. These people view attorneys as unethical and view attorneys as those who cannot be trusted as they are considered to be trying to drum up business from other people’s pain and suffering. While that, unfortunately, is the perception that many people have, it is a fact that attorneys who handle personal injury cases are generally invested in a client’s case. That means the attorney and the client both want to maximize the client’s case. The fact that the attorney wants to get the client the highest possible settlement does not by itself mean that the attorney is an ambulance chaser.

Another reason why personal injury lawyers have garnered a bad reputation is that there are many attorneys who have stolen client money. That is not just limited to personal injury attorneys, but attorneys in general. For many years, there have been many bad actors that have improperly siphoned off money that rightfully is owed to a client. Any attorney who steals money from a client should automatically be disbarred and deserving of all possible civil and criminal repercussions that follow. However, the vast, vast majority of attorneys do not steal from clients, which makes the perception that attorneys are thieves very, very unfortunate.

In conclusion, there is no question that personal injury lawyers do have a poor reputation in society. However, there are so many good, honest, and ethical attorneys that do good work each and every day. It is unfortunate that a few bad apples have sullied the general reputation of personal injury attorneys in America.

If you or anyone you know is in need of a personal injury attorney in Massachusetts, please contact today the Law Office of Christopher Earley at 617-338-7400. And if you have any feedback regarding attorneys and their respective reputations, I encourage you to contact us at any time to discuss this.

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What Makes a Good Personal Injury Lawyer?

There is definitely no shortage of personal injury lawyers in Massachusetts. With so many attorneys to choose from, how are you supposed to find the right one? And moreover, what makes a good personal injury lawyer, or car accident lawyer? Here are some considerations to consider when determining whether or not a personal injury lawyer is a good fit for you.

A good personal injury attorney always communicates with his or her clients. Communication in the context of the attorney-client relationship is paramount. Generally speaking, the number one complaint clients have with their attorneys is, failure to communicate. The best and most effective personal injury lawyers regularly communicate with their clients. What makes a good personal injury attorney is the one who informs the client as to case progress. If the attorney is not communicating with the client, the client can often feel neglected and unimportant. That can only cause problems between the attorney and the client. Therefore, regular and effective communication is definitely an attribute of a good personal injury lawyer.

What also makes for an effective personal injury lawyer is the one who genuinely cares about his or her clients. Some personal injury firms are mills in that they handle a large volume of cases with the goal of settling as many cases as possible and as quickly as possible. It is important to have an attorney who genuinely cares about your case. If the attorney is trying to rush your case toward a settlement, there’s a high likelihood the attorney is not genuinely interested in your best interest. The most effective attorneys are generally the ones who care most about their clients’ cases. Therefore, what makes a good personal injury lawyer is the one who cares about fighting for the client and the client’s interests.

What also makes a good personal injury lawyer is the ability to litigate a client’s case to conclusion. Many attorneys are unwilling or lazy and don’t want to expend the necessary effort to litigate a client’s case in court. Many attorneys are, in fact, fearful of going to court and perhaps inexperienced in the necessary procedures involved in litigation.

What definitely makes a good personal injury lawyer is the one that does not back down from an insurance company and is willing to go the distance in order to try the case in front of a judge and jury. The attorney who is gun-shy about filing a case in court and trying a case in front of a judge and jury is an attorney that you want to definitely stay away from.

What also makes for a good personal injury lawyer are reviews. There’s no shortage of reviews for attorneys. There are many online sites which you can review an attorney’s reviews from past clients. Sites like Avvo and Google are great repositories with thousands and thousands of reviews that can be easily and quickly accessed by any potential client. Reviews can help a client determine whether or not an attorney is a good fit. Therefore, what typically makes for the best personal injury lawyer is the one who has the best reviews as well as the highest quantity of very good reviews.

In conclusion, there is really no specific formula for determining what makes for a good personal injury lawyer. However, the proceeding points can help one determine who the right lawyer is, as well as determine who the right lawyer is not for a client’s particular case.

If you or anyone you know needs the assistance of a Boston personal injury attorney, I encourage you to contact today the Law Office of Christopher Earley at 617-338-7400 to get started.

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How Do I Get the Highest Settlement for My Case?

For anyone considering pursuing or is already pursuing a claim for damages from a personal injury accident, he or she likely wants to get the highest possible settlement. But how is that actually achieved? There is no specific inset formula which will ensure that you do, in fact, get the best and highest possible settlement for your case. However, by following a few simple suggestions, you put yourself in a very good position to optimize fully your ultimate recovery. The following are some of the suggestions that will assist you in this regard.

The first thing you should do to get the best possible settlement is to obtain medical treatment. No matter how serious of an accident you were involved in, if there is no medical treatment that you pursue, you have, therefore, no case to pursue. It doesn’t matter if you’re involved in a motor vehicle accident, a slip and fall accident, a bicycle accident; regardless of the type of accident, if you don’t require medical treatment, then there’s no claim or case to pursue. Keep in mind one can only obtain a settlement if the accident was the fault of another party or a company that was responsible for causing your accident. If you were the sole cause of the accident, you will not be receiving any type of settlement.

The next suggestion is to stay consistent with your medical treatment. Be sure not to miss any appointments because, by doing so, you’ll have gaps in your medical treatment history. The insurance company that will be paying you your settlement will look at those gaps and inconsistencies against you and will, therefore, reduce their ultimate settlement offer to you as a result.

Another suggestion is to not over-treat for your injuries. Make sure that you only obtain medical treatment for as long as you actually need it in order to heal from your injuries. By obtaining unnecessary medical treatment, you are signaling to the insurance company that your injuries are exaggerated and therefore, you signal to the insurance company that your claim has many potential red flags. That is an image you do not want to project to the insurance company that will be paying you your ultimate settlement.

Also, make sure you don’t have any dealings with the insurance company. After the accident, you will likely be receiving letters and/or phone calls from the insurance company. If that is the case, don’t communicate with them. You have no legal obligation to communicate with an insurance company contacting you following an accident. The best course of action in that situation is to completely and totally ignore those communications.

The final suggestion is to hire a competent and experienced personal injury attorney. By having an attorney on your side, you will ensure that you obtain a full and fair settlement offer. The mistake that many people make is by handling their case on their own. That tends to lead to a great deal of stress, and ultimately a very low and deflated settlement number. By having an attorney on your side, you will put yourself in the best possible position to get a full and fair settlement.

If the Law Office of Christopher Earley can help you with any legal questions that you may have, I encourage you to contact us at 617-338-7400. We would be pleased to provide you with a free complimentary consultation to discuss your case.

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How Do You Fire Your Personal Injury Lawyer?

The attorney-client relationship, just like with any other relationship, can sometimes deteriorate. Suppose, for example, that you’re involved in a motor vehicle collision, and you hired an attorney to represent you. For one reason or another, it just doesn’t seem as if the attorney you hired is the right fit for your case. You may be becoming frustrated and even angry at the attorney for his or her efforts with respect to your case.

So, are you stuck with this lawyer? What are your options? This is a very common situation that arises between clients and attorneys. The process of firing a personal injury attorney is two-fold. You can either send the attorney a letter discharging his or her services relative to your case. Alternatively, you can hire a different personal injury attorney, and that attorney will send your prior attorney a letter officially discharging the attorney services.

Your new attorney will need you to sign a discharge, which will allow the new attorney to obtain your file. Many people are concerned about any awkwardness that may result. The fact of the matter is that once you discharge your attorney, he or she cannot contact you again. Therefore, there’s no need to be concerned about any awkward feelings because all communication between yourself and that attorney will cease.

Many people also wonder what fees will be owed to the fired attorney. That is largely governed by the contingent fee agreement you signed with the original attorney. That agreement will spell out the discharged attorney’s rights to compensation upon discharge.

Generally, under Massachusetts law, the fired attorney is entitled to quantum meruit or the reasonable value of his or her services up until the time of discharge. Again, depending upon the language of the contingency agreement, the discharged attorney may, as well, be allowed to collect any and all expenses that he or she advanced into the case. Overall, the process of terminating an attorney is a relatively easy and quick procedure.

If you or anyone you know needs the services of a personal injury lawyer in Massachusetts, please call the Law Office of Christopher Earley today at 617-338-7400 for your free no-obligation consultation.

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Answers to Commonly Asked Personal Injury Litigation Questions

The vast majority of personal injury claims do settle amicably. These settlements are reached between the insurance company and the victim of the personal injury accident. However, some cases don’t settle amicably, and when that occurs, a lawsuit is necessary. For many, the litigation process can seem like a very different and foreign experience. Here are some answers to some frequently asked personal injury litigation questions we hope you find useful.

  Q: How long does the litigation process typically take?

A: The answer depends on the type of case involved. For routine auto accident claims that are filed in court, the litigation process can take anywhere from six months to two years. However, for more complex and serious injury cases, the litigation timeline can be multiple years, as many as three or four years potentially with case such as wrongful death cases. Essentially, it depends on the type of case, the amount of parties involved, type of injuries, etc.

  Q: What is a deposition?

A: A deposition is a key component of the personal injury litigation process. This is a proceeding in which an individual is sworn under oath to answer questions posed to him or her. You likely will be deposed if you are the one who files a lawsuit. As well, the person or company that you have sued for your personal injury accident can also be deposed. A deposition can last anywhere from between one hour up to eight hours. The length of a deposition depends on the complexity of the case and the amount of information the deponent has available to him or her.

  Q: What is discovery?

A: Discovery is a part of the litigation process that involves depositions, interrogatories, as well as requests for production of documents. The discovery phase of a lawsuit can take many months, and sometimes even as much as a year or two to complete. This is basically a process whereby each party to the lawsuit requests information to other parties of the lawsuit. This is a process whereby the parties exchange information which assists each party in examining and evaluating the strengths and weaknesses of their position relative to the case.

  Q: Will my case end up going to trial?

A: Even after a lawsuit is filed, most personal injury claims do settle short of trial. However, there are cases that do not settle amicably. When that occurs, then a trial will be necessary. For personal injury cases, this is a jury trial in which a judge presides over the trial and a jury ultimately decides whether or not to award money damages to the plaintiff.

  Q: Will I have to testify at trial?

A: Yes. You very well will be asked to take the stand during your trial. The attorney for the insurance company will ask you questions. As well, your own attorney will ask you questions while you’re on the witness stand. Prior to answering any questions, you will be sworn in under oath, whereby you will swear and promise to answer all questions posed to you truthfully and accurately.

  Q: How long will my trial take?

A: Again, it really depends on the type of case involved. Typically, the more documents and exhibits that are involved, as well as the amount of witnesses that will be testifying, can dictate the length of the trial. A personal injury trial in Massachusetts can take anywhere from two days to six months to complete. The answer to that question truly depends on a number of different factors that control the length of a trial.

  Q: What happens if I win a trial?

A: If the jury decides that the party of sued was negligently responsible for causing your accident, then they may award to you money damages. These damages are intended to compensate you for any out-of-pocket medical bills as well as for your pain and suffering, and any other damages your personal injury lawyer was able to document and establish at trial.

  Q: What if I lose a trial?

A: If the jury comes back with a finding of no negligence, then you will have lost a trial. If that does occur, your attorney, if appropriate, can file an appeal. However, it is very, very difficult to successfully appeal an adverse jury verdict. Only in very limited circumstances is an appeal of a personal injury trial meritorious. These appeals typically turn very technical, legal issues that can determine whether or not the appeal ultimately will be successful or not.

  If you have any other further, additional personal-injury questions, I encourage you to contact the Law Office of Christopher Earley today at 617-338-7400 for your free no-obligation consultation.

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Answers to Frequently Asked Massachusetts Car Accident Questions

It is a fact of life that car accidents are a common occurrence. Even during the COVID-19 pandemic, car accidents have seemingly not waned. Regardless of the circumstances of your particular case, many, many people seem to have questions about car accidents. Here are some answers to frequently asked questions pertaining to Massachusetts car accident law.

Q: Can I be sued if I cause a car accident?

A: Yes. You can potentially be sued if you cause a car accident. However, if the accident did not cause any personal injuries to anyone involved, then any type of personal injury loss against you would be unsuccessful. You can always be sued for any kind of property damage that was incurred and not paid for or straightened out by any car insurance company.

Even assuming the person claiming personal injuries was, in fact, injured, he or she needs to have at least $2,000 in documented medical bills in order to successfully bring a bodily injury claim against you. This bodily injury claim would be for pain and suffering, damages, as well as any and all other damages that were incurred as a result of the accident.

Q: If I am sued for a car accident, will it affect my insurance premium rates?

A: That is a question best suited for your car insurance company. Generally, if you are given a citation by the police for causing the accident, then you will have incurred a surcharge, which will, in all likelihood, result in a premium increase to you. However, I reiterate the need to contact your car insurance company with this particular question.

Q: If I was injured as a result of negligence, how much is my case worth?

A: That’s a loaded question. Each and every case has its own particular facts and circumstances attached to it. The value of a Massachusetts personal injury case depends on a wide and varied set of circumstances and considerations that are involved. Generally speaking, the value of the case is predicated on the amount of the medical bills, the types of injuries suffered, the length of treatment involved, the amount of any out-of-pocket expenses, etc.

Q: How much time do I have to sue following the accident?

A: Massachusetts has what is called a statute of limitations for all legal actions. Generally speaking, for car accident claims in Massachusetts, the statute of limitations is three years from the date of the accident. That means if a lawsuit is not filed within three years following the accident, and during that time, the case never settled, then the statute of limitations will forever bar you from successfully pursuing the case.

Q: How do I find a car accident attorney near me?

A: If you are unable to gain a positive recommendation from any friends or family for a car accident attorney, you can definitely check out the internet. The internet has many sites that review attorneys. Specifically, Avvo, as well as Google, have a rating system for attorneys, which should be checked out whenever you are considering hiring a particular attorney.

Q: How much do Massachusetts car accident attorneys charge?

A: All car accident attorneys in Massachusetts charge a contingency fee. This is a percentage of any recovery that is obtained for the case. For example, if the case settles for $30,000, and the attorney’s fee is 33.3%, the attorney’s fee, therefore, will be $3,333.33. If there’s no recovery in the case, the attorney will not take any fee. Additionally, the attorney will advance all case expenses associated with the case. At the time of settlement, the attorney will take his or her fee out of the settlement as well as any and all case expenses that were advanced during the case.

Q: Are personal injury case settlements taxable in Massachusetts?

A: No. They are not. Under both Massachusetts and Federal law, these settlements are not considered income by the Internal Revenue Service. Therefore, they are not considered taxable income.

Q: How long do these cases take to settle?

A: It really depends on the case. Some personal injury cases settle relatively quickly, while others do not.  For routine car accident cases involving soft tissue injuries such as strains and sprains and other minor injuries, these cases generally settle within one year following the accident. However, for more serious injury claims involving broken bones and the possible need for surgery, those cases can sometimes take more than a year or multiple years to successfully settle. Generally, the more significant the injuries, the longer the case will take to resolve.

Q: What should I do if the insurance company is contacting me?

A: Have no contact with the car insurance company. Whether they are calling you and/or sending you letters and forms, simply disregard those communications entirely, and be sure not to give any recorded statements or written statements to any car insurance company following an accident.

Q: Do I have a case to pursue?

A: Again, that’s really a fact-specific question. Whether or not you have a case that is valid to pursue depends on how the accident happened, as well as whether or not any injuries were sustained.

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Answers to Frequently Asked Massachusetts Car Accident Questions

It is a fact of life that car accidents are a common occurrence. Even during the COVID-19 pandemic, car accidents have seemingly not waned. Regardless of the circumstances of your particular case, many, many people seem to have questions about car accidents. Here are some answers to frequently asked questions pertaining to Massachusetts car accident law.

Q: Can I be sued if I cause a car accident?

A: Yes. You can potentially be sued if you cause a car accident. However, if the accident did not cause any personal injuries to anyone involved, then any type of personal injury loss against you would be unsuccessful. You can always be sued for any kind of property damage that was incurred and not paid for or straightened out by any car insurance company.

Even assuming the person claiming personal injuries was, in fact, injured, he or she needs to have at least $2,000 in documented medical bills in order to successfully bring a bodily injury claim against you. This bodily injury claim would be for pain and suffering, damages, as well as any and all other damages that were incurred as a result of the accident.

Q: If I am sued for a car accident, will it affect my insurance premium rates?

A: That is a question best suited for your car insurance company. Generally, if you are given a citation by the police for causing the accident, then you will have incurred a surcharge, which will, in all likelihood, result in a premium increase to you. However, I reiterate the need to contact your car insurance company with this particular question.

Q: If I was injured as a result of negligence, how much is my case worth?

A: That’s a loaded question. Each and every case has its own particular facts and circumstances attached to it. The value of a Massachusetts personal injury case depends on a wide and varied set of circumstances and considerations that are involved. Generally speaking, the value of the case is predicated on the amount of the medical bills, the types of injuries suffered, the length of treatment involved, the amount of any out-of-pocket expenses, etc.

Q: How much time do I have to sue following the accident?

A: Massachusetts has what is called a statute of limitations for all legal actions. Generally speaking, for car accident claims in Massachusetts, the statute of limitations is three years from the date of the accident. That means if a lawsuit is not filed within three years following the accident, and during that time, the case never settled, then the statute of limitations will forever bar you from successfully pursuing the case.

Q: How do I find a car accident attorney near me?

A: If you are unable to gain a positive recommendation from any friends or family for a car accident attorney, you can definitely check out the internet. The internet has many sites that review attorneys. Specifically, Avvo, as well as Google, have a rating system for attorneys, which should be checked out whenever you are considering hiring a particular attorney.

Q: How much do Massachusetts car accident attorneys charge?

A: All car accident attorneys in Massachusetts charge a contingency fee. This is a percentage of any recovery that is obtained for the case. For example, if the case settles for $30,000, and the attorney’s fee is 33.3%, the attorney’s fee, therefore, will be $3,333.33. If there’s no recovery in the case, the attorney will not take any fee. Additionally, the attorney will advance all case expenses associated with the case. At the time of settlement, the attorney will take his or her fee out of the settlement as well as any and all case expenses that were advanced during the case.

Q: Are personal injury case settlements taxable in Massachusetts?

A: No. They are not. Under both Massachusetts and Federal law, these settlements are not considered income by the Internal Revenue Service. Therefore, they are not considered taxable income.

Q: How long do these cases take to settle?

A: It really depends on the case. Some personal injury cases settle relatively quickly, while others do not.  For routine car accident cases involving soft tissue injuries such as strains and sprains and other minor injuries, these cases generally settle within one year following the accident. However, for more serious injury claims involving broken bones and the possible need for surgery, those cases can sometimes take more than a year or multiple years to successfully settle. Generally, the more significant the injuries, the longer the case will take to resolve.

Q: What should I do if the insurance company is contacting me?

A: Have no contact with the car insurance company. Whether they are calling you and/or sending you letters and forms, simply disregard those communications entirely, and be sure not to give any recorded statements or written statements to any car insurance company following an accident.

Q: Do I have a case to pursue?

A: Again, that’s really a fact-specific question. Whether or not you have a case that is valid to pursue depends on how the accident happened, as well as whether or not any injuries were sustained.

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What Should I Ask Before Hiring A Personal Injury Lawyer?

Whenever you decide to hire anyone to provide a service to you, you always want to make sure you ask the right questions before hiring that person or company. Following a personal injury accident, many people consider hiring legal representation. Before hiring an attorney for an accident, though, it is always best to ask certain questions of a prospective attorney that you are considering hiring. The following are some considerations to keep in mind when you are considering hiring a particular attorney. The answers to the following questions can really help one gauge whether or not a particular Boston personal injury attorney is the right fit.

It is important to ask about the experience level of the attorney. You want to know how long the attorney has been practicing law and whether or not he or she has handled cases just like your own. For example, if you were injured in a car accident and suffered a broken leg or any type of broken bone, you want to make sure that attorney has handled a motor vehicle accident case with the same or very similar injuries that you sustained in your accident.

You also want to ask the attorney about his or her philosophy regarding litigation. That is very important because there are many attorneys that are reluctant to file lawsuits for their clients. The reason for that is, lawsuits can be very time-consuming for the attorney and the attorney’s office, so frequently attorneys shy away from litigation. Keep in mind that if an attorney is reluctant to pursue litigation for your case, should it require it, it may be a red flag that that attorney is not the right attorney for your case.

Next, ask the attorney about his or her fees. Nearly every single personal injury lawyer in America handles injury claims on a contingency fee basis. That means that the attorney is only paid if the case is successfully settled or if a plaintiff’s jury verdict is obtained at trial. Generally, a fee is 33.3%. However, for some types of cases, such as slip-and-fall accidents and other premises liability claims, the attorney may charge more, perhaps 37% or even up to 40%. It is very important to ask the attorney the amount of the fee percentage that he or she will be charging for your particular case.

It is very important to ask the attorney whether or not he or she has been faced with any disciplinary charges. This information can be obtained online; however, it is always good to just talk with the lawyer that you’re considering hiring and ask whether or not he or she has been faced with any type of reprimands, suspensions, or any other similar types of punishments stemming from any disciplinary actions.

You also want to ask the attorney who will be working on your case. Don’t assume it will be the attorney solely handling your case. Many, if not all attorneys, utilize legal assistants as well as paralegals to handle injury claims. You want to know exactly who will be assisting with your case. While there are other pertinent questions that may apply to your case, the preceding were some of the more important points that you want to inquire about with any attorney that you’re considering hiring, including workers’ compensation accidents.

If you or someone you know needs the assistance of a personal injury attorney in Massachusetts, please call the Law Office of Christopher Earley today for your free consultation at 617-338-7400. As well, be sure to check out our free consumer guide series titled, The Truth Series, which was written to help you make the best possible legal decisions for your particular case.

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Recent Boston Personal Injury Law Firm Settlements

We are always proud, here at the Law Office of Christopher Earley to successfully settle our clients’ injury cases. Our clients come to us for a variety of personal injury legal service needs. Each case is unique, and each person is affected differently by their own experience from their personal injury case. We take great pride and excitement in achieving justice for all of our clients. Here is a sampling of some recent personal injury settlements we have recovered for our clients.

We recently settled a workers’ compensation case for a client. Our client was a housekeeper who injured her right shoulder while on the job. Since this accident, she had been out of work and collecting weekly Workers’ Compensation benefit checks. Through extensive negotiations with the worker’s compensation insurance company, we were able to successfully resolve her claim for a confidential amount. As well, the insurance company agrees to pay for any future medical treatment our client will need going forward in the future.

Another client came to us with a bicycle accident case. He was riding on his bicycle when he was cut off by a motor vehicle. The impact was substantial, causing him to suffer serious personal injuries. In fact, he even suffered dental injuries from the incident. He required medical treatment to address these injuries. We were able to successfully resolve his bodily injury claim with the insurance company that insures the driver of the car that caused the accident.

Additionally, we were able to secure additional settlement funds above bodily injury funds recovered by way of underinsured motorist benefits. These benefits are paid out under our client’s own insurance company. Both the bodily injury and underinsured motorist claims resolved through a confidential amount.

We also settled a number of motor vehicle accident cases in which our clients were victims of negligence. Those cases were primarily cases involving soft tissue injuries, including but not limited to neck strains and sprains as well as back strains and sprains. Those cases also settled for confidential settlements with the respective insurance companies involved.

Be sure to contact us today for a free consultation if you need the services of a Boston personal injury law firm. You can reach us by calling 617-338-7400 for your free complimentary consultation.

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