Posts tagged with "Boston Personal Injury Attorneys"

2 men looking at car accident damage

Injured by an Uninsured Driver – What’s Next?

Being in a motor vehicle accident can be a stressful and traumatic experience. The first and most immediate concern is, of course, ensuring that any injuries suffered by the driver and passengers are treated. But regardless of whether the accident was serious or just a minor fender bender, at some point, the insurance companies get involved.

Under normal circumstances, if there is a clear case of who was at fault, then the responsible party’s insurance company will end up footing the bill for the accident and additional resulting expenditures. In some cases, if the insurance claims adjusters are offering a seemingly unfair amount, you may want to retain a personal injury attorney to help settle the case and ensure just compensation.

But what happens if you are in an accident with an uninsured driver? You certainly can’t file a claim with the negligent party’s insurance company if that person has no insurance, but there is no reason you should have to handle the financial costs on your own, no matter how minor or huge.

Of course, in most states, including Massachusetts, automobiles are required to have insurance, but many people still manage to drive without it. This could be because they have allowed their insurance to lapse or they simply never acquired any in the first place. Regardless, if a negligent party was at fault for an accident, you are entitled to compensation, and there are steps you can take when dealing with a driver who does not have insurance.

What to do when you are injured by an uninsured driver

Many of the initial steps that you would follow when in an accident caused by an uninsured driver in Massachusetts are the same as what you would do if the driver was insured. First, call the police. You will want an accident report, as it can help you with a personal injury claim later on. Besides, the individual driving without insurance was also breaking the law.

Even if the driver doesn’t have insurance coverage of any type, that person may still be liable for paying for some of the damage to your car out of his or her own personal assets due to at-fault laws. The police report will be an important document in determining fault.

Get all the information you can

Make a note of the driver’s contact information, the license plate number on the car, and the car make and model. Write down all the details of the accident while they are still fresh in your mind. And even though the information may be on the police report, it is a good idea for you get the contact information of any witnesses as well.

Additionally, use your cellphone to take pictures of both cars and the area where the accident happened so that you can better describe the details to a personal injury attorney.

Call your insurance company

It is always important to call your insurance company in a timely manner. Some policies may have a time limit on how long you have to make a claim. Additionally, you may want to consider adding uninsured or underinsured motorist coverage to your policy. This protects you in case of an accident with an uninsured driver. And since Massachusetts doesn’t require a high amount of coverage for drivers, the insurance will also protect you if the negligent driver is underinsured — that is, doesn’t have enough coverage to adequately compensate you for damages and injuries.

If you don’t have uninsured or underinsured motorist coverage, you may have a collision or personal injury protection part of your policy that provides compensation for your medical bills in addition to the damage to your car. It is always wise to know everything your insurance policy covers so that there are no surprises after an unfortunate accident.

Call a personal injury attorney

If, after speaking with your insurance agent, you have been left without a means of compensation for the damages and injuries you’ve suffered, it would be a good idea to contact a personal injury attorney in Massachusetts. An experienced personal injury lawyer will be able to help you file a claim with your insurance company against the negligent driver and attempt to recoup monetary compensation from the driver’s personal assets.

Recovering funds may be difficult, especially if the negligent driver doesn’t have much in the way of personal assets. However, there may be other avenues that can be pursued. The driver might actually have insurance coverage under someone else’s policy, or more than one party may be responsible for the car accident, leaving you other options to pursue a personal injury lawsuit.

Contact Us

An experienced personal injury attorney in Massachusetts can help research and discover all possible avenues leading to potential sources of compensation. At the Boston law firm of Colucci Colucci Marcus & Flavin, PC, our attorneys help clients recover the maximum possible compensation for their injuries. For a free initial consultation with one of our professional and experienced personal injury lawyers, call (617) 698-6000, or contact us online via our email form.

Wheelchair parked in front of a large picture window

Personal Injury Trial? – What to Expect

If you or a loved one has been injured in an accident in which another party, entity or organization could be at fault, you have the right to file a personal injury claim in order to receive the compensation you deserve. When seeking a consultation with a personal injury attorney in Massachusetts, the attorney will advise you as to whether or not you have a case.

In many situations, the other party may choose to settle the personal injury lawsuit out of court. However, there are also many instances in which the proposed settlement doesn’t seem fair, and insurance adjusters refuse to negotiate any further. At this time, you may decide that you prefer to take the case to trial. This is an important decision because a personal injury lawsuit that goes to trial can last anywhere from several days to several months, and possibly even longer than a year or two.

Your personal injury attorney can certainly advise you as to the best course of action, but it also helps to have a very good idea of what to expect at a personal injury trial. A lengthy process can sometimes be stressful and daunting, but with knowledge of what might happen if you choose to go to court, you’ll be better equipped to make an informed decision and limit any frustrating surprises.

What to Expect at the Beginning of a Personal Injury Trial

Unfortunately, the beginning of a personal injury trial isn’t very exciting, though there is a lot going on behind the scenes. Your attorney will be working diligently on your behalf to research all aspects of the case.

This involves visiting the scene of the accident, interviewing witnesses, taking photographs, and collecting and researching the police reports, medical records, witness statements, as well as conducting any additional investigation as deemed necessary to put together a strong case.

This process can typically take anywhere from one to six months. When all this has been completed, the personal injury lawsuit can be formally filed. The court then has a period of one to two months to serve the summons to the defendant, who then has 30 days to file a response. At this time, it is still possible to ask for a settlement, and many defendants may ultimately decide to settle in your favor than go to trial.

At the Start of the Personal Injury Trial

If a settlement is not agreed upon, the trial proceedings will continue. Both your lawyer and the defendant’s lawyers will send investigatory questions to each other regarding the facts of the case and the claims being made. Depending on how complex the case may be, this could take several months to complete.

It is also probable that the defense will require their own examination of your injuries or condition by a physician they appoint. The examination will be done in the presence of an attorney. At this time or shortly afterward, oral depositions occur in which witnesses and other individuals inherent to the case are interviewed by both sides. This can take a long time to prepare and complete — approximately three months.

If at this time, both sides cannot reach an amicable negotiation, the personal injury trial will proceed to go to court.

Preparing for Court in a Personal Injury Trial

The first step when proceeding to court for a personal injury lawsuit would be to select a jury. Both your attorney and the defense will conduct interviews with potential jurors. The jury selection process can take some time, unless, both sides manage to agree on jurors in a fairly quick manner.

When jury selection is complete, a date will be set for the beginning of the trial. Depending upon the complexity of the case, the trial can be over in as little as one day or as long as a few months. Both sides will have opening statements prepared, and then all involved parties and witnesses will be called to testify. Essentially, stories will be told as to how the accident occurred, how negligence on the part of the defendant was the cause, what injuries were sustained, and how those injuries will have affected your life or the life of a loved one.

Witnesses will also be called to testify, and the defense will be allowed to cross-examine them, as well as present their own experts or parties to attempt to expose any weaknesses or fallacies in your case.

Both sides will have a chance to call witnesses, cross-examine witnesses and experts, and then make closing arguments, leaving the verdict in the hands of the jury. At this point, your judgment is in the jury’s hands. However, if your case is just and you have chosen an experienced personal injury attorney to represent you in your lawsuit, it is possible to receive the compensation you deserve for your injuries, future medical treatment, lost wages, and other monetary losses due to the accident.

At the Boston law firm of Colucci Colucci Marcus & Flavin, PC, our attorneys help our clients recover the maximum possible compensation for their injuries. For a free initial consultation with one of our professional and experienced personal injury lawyers, call (617) 698-6000, or contact us online via our email form.

What Should I Bring to My Personal Injury Case Initial Consultation

What Should I Bring to My Personal Injury Case Initial Consultation?

Suffering a serious injury can often be a traumatic experience, and in the days following the injury, you might experience anger, confusion, and stress. Take the time to get the rest you need and be sure to seek proper and thorough medical treatment. And once you are better able to think clearly, schedule an appointment for a consultation with a personal injury law firm.

Remember—experienced and professional personal injury attorneys will understand that you’ve been through a great deal. They also know that there is a way to lessen the stress. The number one thing you can do to ensure that a personal injury episode is not what defines you for the remainder of your life is to prepare for your personal injury case consultation. Simply follow these instructions and have the following items on hand for your initial consultation, and the process will go as smoothly and stress-free as possible.

Gathering Together Important Documents

Documents and records relating to the personal injury incident are of vital importance in your case and will serve to ensure you get the just compensation you deserve. Your first step in preparing for your personal injury case consultation is to gather together all the necessary documents.

Medical Records

Any medical records pertaining to your injury should be collected from the facilities you have visited for examination or treatment. You have a right to have copies of all your medical records—if they haven’t already been provided to you, you need only ask, and might possibly be required to sign a release form.

As medical records are often the basis for whether or not you have a substantial case, they are probably the most important documents you will need. The medical records will contain details of the medical provider or facilities you have been to, what help was provided, how much your care cost and the contact information for the professionals who administered treatment or oversaw your examinations.

The extent of your injuries and the cost of your care, as well as any possible costs for future care if needed, will serve to determine the strength of your case and what compensation you may be entitled to.

Police Reports

If police were called to the scene, you will also want to obtain a copy of the police report to bring to your personal injury consultation. The police report may contain important details pertaining to the incident that you are unaware of.

Receipts

If, as a result of your injury, you needed to purchase specific items (medical equipment, prescription pills, special clothing or items needed for in-home care) you should also bring the receipts for those items in order to claim them as additional expenses.

Paystubs

If your injury has caused you to miss work, your paystubs can show the financial loss you have suffered, which can also be used to strengthen your claim as well as recoup lost monies.

Records of Correspondence With Other Parties Involved

If there were other individuals involved when you suffered your injury and you have records of related correspondence, you should bring those as well. These can be emails, text messages, voicemail messages, legal documents that you were served by the other party, letters that were written, and even messages sent over social media platforms such as Facebook and Twitter.

 

Preparing Your Own Notes and Documents

In addition to the above, you will want to be prepared with your own documents. These will include:

A Written Timeline of the Events

Write down everything you remember about the event—what time it occurred, where it occurred, the reason why the injury occurred, who was there, etc. All the details and circumstances surrounding the incident are very important when your attorney attempts to prove another party is at fault for your personal injury.

Photographs and Evidence

If possible, bring photographs of the area and any evidence relating to your case. Photographs and evidence can help prove that an area was unsafe, for example, or can help to corroborate your story if there is no police report. Your attorney will also gather their own photographs and evidence, but having your provisions early on will ensure that nothing is overlooked, especially if the scene is changed before the attorney visits it.

Any of Your Own Questions

You are likely to have plenty of your own questions. Write them down so that you are sure not to forget any of them on the day of your personal injury consultation. Asking questions will also give you a better feel for the attorney and help you to make an informed decision as to which attorney you would like to represent you in your personal injury case.

Contact us

At the Boston law firm of Colucci Colucci Marcus & Flavin, PC, our attorneys will help our clients recover the maximum possible compensation for their injuries. For a free initial consultation with one of our professional and experienced personal injury lawyers, call (617) 698-6000, or contact us online via our email form.

Radiation therapy injuries – The unplanned hazards of radiation therapy

Hazards of radiation therapy

Throughout the last few decades, the use of radiation in the medical field has increased dramatically – likely saving innumerable lives in the process. In fact, the New York Timesonce reported that the average dose of diagnostic radiation received by Americans has increased sevenfold since 1980. However, radiation is not only used to diagnose medical problems, but treat them as well. For instance, radiation therapy is used to treat more than half of all cancer patients.

Tragically, given the strength of radiation therapy, it can also have very negative effects if improperly used or monitored. Patients, including those here in Boston, need to be aware of the adverse consequences and injuries associated with radiation therapy accidents – injuries such as severe pain, ulcers, difficulty breathing, or even death, just to name a few.

Radiation therapy injuries

One need not look far to find examples of radiation therapy injuries. In fact, the New York Times has cited multiples examples in several past articles – including a Florida incident in which an incorrectly programmed linear accelerator led to 77 brain cancer patients receiving 50 percent more radiation than ordered. This disastrous event is even more frightening given the fact that the accelerator had been incorrectly programmed for almost a year with no one noticing.

Other events of radiation therapy accidents include a Philadelphia hospital that provided the incorrect radiation dose to more the 90 prostate cancer patients, a New Jersey veterans’ hospital that overradiated 36 cancer patients and a Louisiana prostate cancer patient who received 38 radiation overdoses in a row.

These are sadly only a few examples of the types of radiation therapy injuries occurring in the medical industry. In fact, these injuries led to a New York Times radiation therapy investigation in 2010.

Despite the fact that many of the accident details were private under the law, the investigation surprisingly discovered 621 mistakes during a period from 2001 to 2008. Of the radiation mistakes found, 284 involved treatments that missed some portion of the correct target area, with some treatments being done on the wrong body part all together; for instance, treating for prostate cancer when the patient actually has stomach cancer. Even more alarming is that investigators also found 50 patients who were administered radiation treatment that was supposed to be for another patient entirely.

Unfortunately, radiation therapy accidents like these continue to occur. Accordingly, if you or a loved one has been injured while receiving radiation therapy, it is important to speak with a knowledgeable personal injury attorney to understand your rights and options.

How 3D videos help us win cases

We’re a high-tech law firm. We love embracing new approaches to help our clients. For example, we have an impressive law library in the Milton office that is collecting dust because we find it so much more effective to use online databases.

When we’re representing someone who has been hurt in an accident, the details of the case can be complex and may be difficult for judges and other members of the court to understand. We want to make sure the narrative they receive isn’t just clear, but unmistakable.

With 3D Videos, we win cases!

That’s why we embrace the use of 3D videos to recreate what happened. After gathering all the facts with our relentless attention to detail, these 3D animated videos let anyone viewing them see just how egregious the behavior of the negligent party was in a way that mere words can not convey.

In some cases we’ve incorporated surveillance footage into the video presentation and use the CGI animated sections to flesh out the parts that aren’t captured, or when important details need to be seen from another angle.

We have some additional techniques that we use in the videos that no other firms are doing in the greater Boston area, but we don’t want to give away all of our secrets here. Give us a call at 617-698-6000 if you’d like to learn more.