There is no magic formula to settle a personal injury claim. Each case is different and the science of settling personal injury cases is anything but. It is an oftentimes arbitrary game that often yields unpredictable results. However, there are certain immutable and predictable principles of personal injury settlements. One of those is that the more […]
Call Earley Before It’s Too Late!Placing a “Value” on a Bodily Injury
If you have been involved in an accident and you have a personal injury attorney handling your claim for you, he/she is going to need you to sign a HIPPA form. Of course, you have the right to obtain your medical records from the providers that treated you for your injuries. But, if a third party […]
Massachusetts personal injury claims are oftentimes mediated when settlement of the claim has proved elusive. This is because of the flexibility that mediaton affords. For example, mediation is non-binding. The mediator has no authority to mandate any particular disposition of the mediation. All the mediator can due is create an informal arena that encourages discussion between […]
I found on the Georgia Personal Injury Blog a reference to a New York Times article that reveals an alarming trend. According to the Times’ article, doctors are failing to accurately diagnose medical problems. The article explains how since the 1930’s doctors, according to the Journal of the American Medical Association, have been failing to properly diagnose […]
I found an interesting post on the New Hampshire Law Blog regarding a Colorado teenager who has been charged with a misdemeanor for operating his automobile while sending a text message. While he was sending a text message through his cell phone, the 17 year old hit a cyclist who died as a result of […]
The Columbus Ledger-Enquirer yesterday reported on a Columbus, Ohio woman who received a jury verdict against a department store stemming from an unlawful arrest. The woman, Patricia Gail Jackson, on May 21, 2003 purchased a pair of shorts at the store. After leaving the store and while approaching her car, two plain-clothes security officers employed […]
Usually, personal injury cases settle. But sometimes they do not. If for some reason the relevant insurance company denies liability (fault) on part of their insured, or, if they do not offer enough money to settle the case, your attorney will, hopefully, put your case into litigation. I remember from the movie “A Civil Action” […]
Oftentimes those who have injured in an accident, i.e. auto accident, slip and fall, etc., suffer exacerbation, or worsening of those injuries. What happens then to the victim? Is he/she just flat unlucky? Well, negligence law holds that one who causes injuries to another “takes his victim as he finds him.” What that means is […]
Everyone is aware that driving a motorcycle can be dangerous. Many motorcycle-related deaths occur each year on Massachusetts roadways. However, Massachusetts insurance laws do not afford motorcycle operators the same protections afforded to automobile operators. In a prior post I discussed PIP (Personal Injury Protection) benefits that are part of the no-fault automobile insurance structure […]
Your personal injury attorney first tries to settle your case with the relevant insurance company. Usually, claims are settled without the need to file a lawsuit. But, with insurance companies becoming more and more tight with personal injury settlement offers, it sometimes becomes necessary to litigate the claim. There are respective advantages and disadvantages of […]