Posts tagged with "Lawsuits"

Jury members and judges are supposed to keep their emotions out of settlements in the courtroom. We don't let them.

The Power of Infuriating a Courtroom

Years ago I sat through a criminal trial where a judge threw the book at two young men who casually murdered a house cat.

That’s not what the charges read for the case. Officially, they were tried for an armed robbery case. There were no animal cruelty charges in the trial. The two men allegedly held up a corner store, then piled into an old car to get away. Right after they left the store the passenger aimed his gun out the window and shot someone’s kitty cat that was lounging on a porch.

Like I said, officially they were tried for the hold up, but it was clear that what really motivated the judge to issue the maximum sentence was knowing that they killed that cat.

There’s a lesson for us in the personal injury world. Most people absolutely despise people who text behind the wheel. If someone causes a car accident while texting, a judge or jury may respond differently than they would to a driver who reached down to pick up a CD off the floor boards.

This is an example of the human factor coming into law and impacting court results in way not intended by the law, unless there is a specific law that distinguishes texting while driving from other forms of distracted driving. It’s not supposed to work that way, but in practice it does.

It’s often irrelevant what distracted a driver. They could have been looking at birds or just not paying attention. The opposing counsel doesn’t have to prove what distracted the driver, but that they drove negligently. Drivers have an obligation to look at the road ahead of them, read street signs, obey traffic lights and leave space between vehicles. That is the most important thing to prove.

But if we can prove they were texting, we will. That involves subpoenaing the phone company’s meta data on when texts were sent from the other driver’s phone. We know that texting while driving can infuriate a courtroom and help our case. Even if we don’t plan to take the case to trial, we know opposing counsel or the insurance company will make a more generous settlement to avoid risking a wrathful courtroom.

Don't waste any time calling a lawyer if you've been hurt in a car accident

Distracted Driving Lawsuits – Why Victims Need To Contact a Lawyer Within 10 Days

After going through a serious car accident, most people naturally want to focus on healing and are not focused on their future distracted driving lawsuit. Some people need time to recuperate or may be stuck in a hospital bed for months. Family members may need to care for the victim at home. Survivors of fatal accident victims will need time to mourn. Many of these people will struggle to figure out how they’re going to pay their bills with one less paycheck coming in.

Because of the unexpected tragic nature of these issue, it’s common for people to put off contacting a lawyer. That’s a big mistake when filing a distracted driver lawsuit or any other kind of personal injury lawsuit.

You really want to contact an attorney as soon as possible. Not only are there potential deadlines to file legal documents, but as time passes it becomes harder to gather evidence to demonstrate what caused the car accident. Skid marks fade, damaged cars get destroyed. Witnesses scatter to the wind.

Say you were struck by someone who was texting while driving, it is important to pursue distracted driving lawsuits within 10 days. The victim’s attorney can subpoena the phone company for a record of when texts were sent from that phone. If the crash happened on a highway 10 miles from the nearest exit and the driver who caused the crash was alone in the vehicle, and the driver’s phone had sent messages every 30 seconds right up to the crash, that’s a great piece of evidence for distracted driving. That helps the distracted driving lawsuits and cases remarkably.

But there’s a hitch. The phone company usually deletes text message data 10 days after it is sent. It’s expensive for the company to store that much information. Some companies wait 30 days, but most wipe the information in 10 days. If the victim waits too long to call a lawyer that evidence is lost in distracted driving lawsuits.

We fully understand how a personal tragedy can dominate someone’s priorities and that people need time to grieve. No matter what your situation is, if you do need to contact an attorney, you should to do so immediately to best protect your family and loved ones. It won’t be the disruption that you may imagine it to be, and what’s more, It’ll allow you to concentrate on your family while someone else handles the legal issues.

 

Most people don't understand Massachusetts no fault car insurance laws that have given way to Personal Injury Protection plans for car accidents

How Massachusetts Car Insurance Laws Can Limit Your Settlement

 

We handle a lot of car accident cases here in the greater Boston area. They’re fairly common because they can happen to anyone, even people who consider themselves safe and responsible, and the cars involved have both a large capacity for destruction and are driven frequently. That’s why you see a lot more people who have been hurt in car accidents as opposed to crashes from smaller, less frequently used vehicles like bicycles or snow mobiles.

Massachusetts does have some limits on what car crash victims can receive in settlements. If you’re injured by someone else’s dangerous driving in Massachusetts, you can attempt to receive compensation for your medical bills, damages to your vehicle and for your pain and suffering. However, you won’t be able to receive any medical reimbursements if your medical bill comes under $2,000.

Massachusetts has a minimum threshold of $2,000 for medical expenses from crashes. If one of our case comes under that threshold and no money ends up exchanging hands, we handle that case for free. We only get paid when our client receives a settlement and we’re willing to use the experience for outreach so people know they can trust us the next time they need a lawyer.

To get a little more technical, in Massachusetts we have Personal Injury Protection, or n- fault insurance, where the insurance company will pay for damages regardless of who caused the accident. Part of the idea behind the law is to make insurance available for policy holders even when the are struck by an uninsured driver.

If the injuries of all the people in your vehicle during an accident exceed $2,000, your auto insurance will pay that first $2,000 of medical bills. Not your health insurance company, but your car insurance.

A Personal Injury Protection plan  in Massachusetts will pay for costs after $2,000 but before $8,000, and that can include lost wages, medical copays and funeral expenses. If you have health insurance, PIP will pay up to $2,000 for medical expenses. If you lack health insurance, PIP will pay whatever is needed until it reaches that $8,000 cap.

There is one wrinkle that can have a big impact on a case. When a car crash victim receives a settlement, the health insurance company can take some of that money for reimbursement for the medical bills. PIP benefits do not need to be reimbursed from a settlement. This won’t make much of a difference if the settlement is for $1 million dollars and the medical expenses were $5,000, but it will if the medical expenses are $5,000 of $15,000 settlement.

PIP insurance is confusing and obtuse to most people, and we’re happy to walk people through their options. Our firm will also deal with the insurance companies directly for you so you can concentrate on your recovery.

Our firm takes on small cases, not just big ones, even minor car accidents.

Why We Take on Even the Smallest Car Accident Cases

Car crash injuries are the most common type of car accident cases we take, and they can happen to absolutely anyone who so much as steps near a public road.

Our firm is eager to take on any of these cases and make sure people are compensated for the losses and injuries they suffer, which can make a crucial difference to a working family who suddenly can’t pay the bills with their breadwinner unable to work. Some people unfortunately assume that we only want to take on the big cases where large amounts of money are at stake and that we pass over smaller cases.

That’s absolutely wrong. We are eager to take on any case with merit, no matter how small. It’s good business for us, as there’s more at stake than the settlement fee.

We only accept payment for cases that we win, and while the profits from these cases helps us keep the lights on in our office near Boston, the cases also help us train new attorneys.

We put a partner from the firm and an associate attorney on every case, and these smaller cases give our younger lawyers valuable experience that only comes from pursuing real cases. We’re not leaving the client solely in the hands of a rookie, as an experienced partner collaborates on the case and provides insight and guidance when needed. These cases are good for our firm’s skill level.

They also act as a referral service for the firm. We’re confident that the solid results and attention to detail that our clients receive will make an impact. We know that if one of our clients ever gets into a situation where they need help or know someone who does, they’ll remember us.

There are no small cases for us. Our reputation is made, for better or for worse, by how we treat the latest client. We believe anyone who comes to us will come back if a future need arises. That’s why we’re eager to take on cases regardless of size.