Massachusetts Personal Injury Legal Questions

Based on the brief description you gave, you should be speaking with an experienced worker's compensation attorney immediately.  The fact that your son was laid off should have no bearing on his worker's compensation case since he was working at the time of the accident. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read More

The fact that the store owner instructed you to go to a doctor and send them the bill SUGGESTS that the store knew it was responsible, however, by itself, it does not win your case against them. They may explain their offer by saying the store owner was only trying to help you, whether or not he was liable for the injuries, and a jury (if the case goes to trial) might believe that. You need to hire a lawyer and, if necessary, sue the store owner for your injuries. The fact that he and his insurer SAY they are not liable does not mean they aren't.... Read More

You can appeal. When you exhaust your last administrative appeal, you can file suit in Federal Court. Since you have limited time periods, you need to get the lawyer to make a commitment as to whether or not he will take the appeal. If he won't take the appeal or won't commit to taking the appeal, you better hustle and get another lawyer.... Read More

Whether he was insured or licensed has no bearing on fault for the accident. His being drunk may have significant impact as to who caused the accident. Generally, the person doing the rear ending is at fault for "driving to close" behind the car in front. However, this generality can be overcome if you can prove you were not at fault. You would need to prove the man was drunk and that as a result of his intoxication, he caused the accident. You need to talk to all witnesses, get a copy of the police report and see if the police made any reference to the alcohol. Gook luck!... Read More

You say the window broke as a result of an accident. All things break either by accident or by intentional conduct. The question is whether you son was negligent. If he was negligent and his negligence caused his fall thereby breaking the window, you need to pay the damages. If he was not negligent, but say fell due to a dangerous condition on the sidewalk then you would not gave to pay.... Read More

There are numerous factors beyond the injury itself that go in to determining a fair settlement amount. Insurance companies will always try to settle at the smallest amount possible. People unrepresented by counsel are generally taken advantage of in this situation. You would be wise to retain an attorney who will be able to evaluate your case and negotiate with the insurance company. Virtually all personal injury and workman's comp attorneys take cases on a contingency basis. That means you don't pay attorney fees unless there is a recovery and the fees are based on a percentage of the award or settlement amount. Protect yourself. Do not settle with the insurance company until you've spoken to an attorney.... Read More

You ask more than one question so I will address them separately. Question 1: How do you know if your attorney is being truthful about personal injury case if the office is already under unethical issues? If you have doubts about whether an attorney is being truthful you can ask to see the actual documents to ensure you are being told the truth. There are other ways, depending on the issue, to determine whether the answer is being truthful. The fact that the attorney's office is "already under unethical issues" would only be relevant to whether the attorney is being truthful is if the ethic issues involved dishonesty or the attorney's ability to practice law. For example, if the ethic issues were about failing to pay bar association dues or not attending Continuing Legal Education then the attorney's truthfulness would not be an issue. The ethics issue also depends whether it is your attorney that is the focus of the ethics investigation or another attorney at the office. Question 2: What does the statement that you are "looking at $2,000.00 in pocket after bills are paid" mean? Without knowing exactly what was said I can only assume that your attorney told you that if you accepted the settlement offer after everything that needed to be paid, such as medical bills and whatever your attorney is entitled to, you would receive around $2,000.00 free and clear. Question 3: What is a fair settlement? Although you do provide your medical bill total and the number of hours you missed from work, I would need a lot more information to answer this question. There is no magic formula to determine what a case is worth as each case is different and its value is based on its particular facts. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained in an accident. There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; your lost wages; and pain and suffering. If an injury is permanent, a person is entitled to additional money for these items. You do not specify how much actual money you lost from being unable to work. You also do not indicate what your injuries are, what type of treatment you received and how long it took for you to get better. Without this information I cannot provide an answer to what would be a fair settlement.... Read More