Answers To Frequently Asked Personal Injury Questions

Many people who have been in an auto or other kind of accident call us with questions. Here are answers to some often-asked ones.

Q. I was hurt in an accident and want to make a claim, but I'm concerned about legal fees. How will I be charged?

A. Most personal injury claims are handled on a contingent fee basis. This means there's no fee unless there is a recovery (there may, however, be court and other costs). The fee is a portion of the recovery.

Q. If I make a claim, how long will my case take?

A. The answer depends on several factors, including your injuries and the other side's willingness to resolve the matter. Many claims are resolved fast, while others -- often because the person's damages are not known for a while -- take longer. Every effort will be made to resolve your claim quickly, with the goal being to get you the maximum compensation.

Choosing the Right Personal Injury Lawyer After an Accident

If you are in a car, slip and fall or other kind of accident, one of the key decisions you will make is choosing the lawyer to represent you in your injury claim. Choosing the right attorney can impact whether you receive full compensation for your injuries and losses or bear some or even all of the damagers yourself. Here are some key factors to evaluate when selecting a personal injury lawyer after an accident.

• Experience. Successfully handling personal injury claims is complex, and it helps to have experience: hands-on dealing with insurance companies and their adjusters and knowledge of how insurance companies operate. A lawyer who has this experience and knows tactics insurance companies use to try to lower accident payouts is better able to guide you through the process and get you fair compensation.


• Skills. A lawyer with skills to negotiate your settlement and also courtroom skills in case the insurer won't settle fairly and your case must go to trial is a plus. Though most injury claims are settled without a trial, an attorney with trial skills won't be pushed around by a big insurer. This goes a long way to getting you the compensation you are entitled to obtain.


• Resources. Moving a claim forward can require significant resournces, including having the ability and finances to hire experts who can help reconstruct and present what happened. A personal injury lawyer with access to skilled experts - and who can help pay for these people while your claim is being pursued - is a valuable asset on your side.


• Representing your interests. A lawyer is sensitive to your needs and helpful to you in the process is a benefit. You and your lawyer are a team, and it is better to have a good working relationship.


• Knowledge of the law. You need a lawyer who knows the law of recovering compensation for personal injuries. Rules of "negligence", "fault", and damages" are complex, as are court procedures and many other legal issues. You want a lawyer who knows all the rules.

After an accident, it is vital to choose the right lawyer to handle your claim. Our law firm has the skills, experience, resources, knowledge and commitment to our clients to effectively handle auto and other accident claims. Our goal is to help you get the most compensation the law entitles you to receive for your injuries.

Personal Injury Q + A

Q. I was in an auto accident. Can any lawyer help with my insurance claim?

A. Though lawyers can handle different kinds of cases, after a car accident, it's usually best if your claim is handled by lawyers experienced in personal injury claims, such as our office. Accident claims are complex, and a lawyer's training, skills, experience and resources can pay off for you in the form of a higher financial recovery. Personal injury lawyers who have successfully handled many accident cases are often the best equipped to handle complicated issues, tough negotiations with insurance companies and, when necessary, trial of your case.

Q. How do I know how much to settle my accident for?

A. This is a crucial question, since after your claim is settled, you usually cannot get any more money. Your lawyer can be especially helpful with this question, since lawyers know the different types of damages you can receive after an accident. They also know what courts have awarded for accidents and injuries like yours, and can evaluate the strength of your case. By considering these and other factors, your lawyers can help estimate the value of your claim. You can then evaluate if a settlement is fair.

CNN Investigation Exposes How Insurers Mistreat Accident Victims

Two CNN reporters did an 18-month investigation of how insurers handle car accident claims. Their findings were troubling, but no surprise to anyone who has been victimized by insurance industry tactics.

The report focused on common types of car accidents -- fender benders that cause moderate damage and injuries to the victim's soft tissue, which are hard to see and hard to show by medical examination or x-ray. The report found that insurance companies often:

• delay handling your claim,


• deny that you were hurt, or


• cost you money by forcing you to go to court.

The reporters even obtained an insurance company's training manual which told claims adjusters to try to force small settlements.

A former adjuster told CNN she used these tactics, sometimes offering poor victims as little as just $50. The adjuster knew poor people would take small settlements, fearing that otherwise they would get nothing. An insurance company lawyer admitted the company's strategy was to make fighting the company so costly and time-consuming that even lawyers would not be willing to fight for clients.

According to the CNN report, these tactics have forced accident victims to settle and walk away from billions of dollars, letting insurers keep these amounts for themselves.

Another former employee told the CNN reporters that insurance companies profit from using these practices; that the profits are good and as long as the public lets this occur, insurance companies will get richer and people will not get fair and reasonable settlements.

Insurance companies naturally deny using these tactics. But many people feel they have been victimized twice. First in a car or other accident. Then when a claim is submitted and the insurer wrongly delays and denies the claim, offers only low-ball settlements, and runs up the victim's cost by forcing the claim to court. CNN's investigative report tends to show this is true.

Don't be a victim of unfair insurance company practices. after a car accident, consult your lawyer about your rights to make a claim, and about fair value of your claim. Getting a lawyer's help with your insurance claim can help you get a larger and faster settlement. If the insurance company won't make a fair settlement, your lawyer can advise you on your rights to pursue a claim.

Read the full article at CNN.com: http://www.cnn.com/2007/US/02/09/insurance.hardball/index.html

Woman Hurt By Falling Merchandise at Store Receives Damages

Many injuries occur in large warehouse stores, where merchandise is often displayed very high, increasing the risk items will fall. As a recent case shows, people hurt by falling merchandise can make a claim to recover compensation for their injuries.

A woman shopping at a national chain store suffered severe injuries after several boxes of detergent fell from a shelf onto her head, neck, and back. Because of her injuries, the woman had to stop working. She made a claim against the store, which argued she wasn't hurt as badly as she said. But a court ruled for the woman, awarding her a substantial amount of compensation.

Making An Injury Claim Doesn't Automatically Mean Going To Court

Many accident victims think that if they make a claim to recover compensation for their injuries, the procedure will involve many court hearings and they will have to go to court. As such, one of the first things most accident victims want to know is whether their claim will be settled or there will be a lawsuit.

Though no one knows what will happen in a specific case, most personal injury claims -- over 80% according to several studies -- are settled out of court.

Even though most injury claims are settled, a small percentage result in lawsuits. An insurance company may dispute aspects of a claim, so a lawsuit is needed to get what the accident victim is entitled to receive. Even if a lawsuit is filed, there likely won't be a full trial, as cases can settle at any time. According to several studies, only about 3% of cases had a trial.

If you are in an accident, don't let the fear of going to court stop you from making a claim. You could be giving up a valid claim that lets you recover compensation for your injuries. Also, if your injury claim is like most others, it will be resolved without you going to court.

After An Accident: Don't Make These Mistakes!

If you have been in an accident, what you say and do after it can affect your compensation. Here are some common mistakes accident victims make, and how to avoid them.

Handling a personal injury claim without a lawyer's help.

After an accident, an insurance adjuster will likely try to convince you not to use a lawyer, saying a lawyer won't get you more money. But handling your claim alone can be a big mistake. Adjusters work for the insurance company, not you, and they say this so the company can pay you less money. Studies show accident victims receive more with a lawyer's help. So don't make the mistake of believing adjusters who say a lawyer won't increase your compensation.

Giving statements to adjusters without consulting a lawyer.

After an accident, an adjuster may try to get taped statements from you. Adjusters are trained to get people to make damaging statements, and anything you say will be used to lower your compensation. So don't make the mistake of giving a statement to an adjuster without consulting your lawyer.

Signing insurance company documents without legal advice.

Just as adjusters try to get you to make damaging statements, they may also try to get you to sign documents that help the insurance company. These documents could effectively end your claim for little money. Don't make the mistake of signing documents without consulting your lawyer.

Waiting to seek legal help.

The longer you wait to get legal help after an accident, the harder it can be to find evidence and witnesses. If you wait, you also risk losing your claim because the deadline for making claims may expire.

Settling too fast, before all your injuries are known.

Many accident victims think they suffered only minor injuries and accept a fast settlement. Later, they discover their injuries are worse than they thought, but they can't get more money. Since many injuries take time to develop, don't make the mistake of settling your claim before knowing the extent of your injuries.

These are some mistakes accident victims make that hurt their case. If you have questions about what to do after an accident, call us at 1-800-339-3332. Seeking legal help promptly will help you avoid these and other mistakes.

Have you suffered from a personal injury? Review this checklist to ensure you've taken all the necessary first steps

• Write down anything and everything about the accident: This may include information about the actual accident, people, places or things involved, your injuries, any damages or losses as a result of the accident (including wages), diagrams, and any other information pertinent to the accident. Be sure to exchange names, addresses, phone numbers, driver's license numbers, insurance companies and policy numbers with the other driver.
  


• Take notes on your thoughts, feelings, and conversations immediately after the accident: Jotting down these things immediately after the accident will be extremely helpful in the long run when trying to put together the facts of the case. Additionally, recording these immediate reactions and things you hear others say regarding the accident will prevent external factors from altering your recollection of the accident.
  


• Gather all the evidence: Document and take pictures of your injuries, and take pictures of the scene of the accident, as well. This serves as concrete evidence, and therefore cannot be disputed. Additionally, revisit the scene within a day or two of the accident. Immediately following the accident things tend to be hectic and important pieces of evidence may very well be overlooked. By revisiting the scene you may come across crucial evidence.

• Locate witnesses: Locating and getting the contact information of witnesses at the scene is imperative and may help your case. These witnesses may confirm your statements as well as provide additional information in your favor that you may have been unaware of. However, make sure these witnesses are contacted very shortly after the accident. Witnesses, too, may forget crucial information regarding the accident, or their memories may be altered. Contacting these people immediately will ensure they give you an accurate, unbiased account of the accident.
  

For more information regarding personal injury, please visit http://www.nolo.com/article.cfm/pg/1/objectId/A91ED912-D240-4BED-9C05E4DF0D1B9365/catId/8FA0132B-91C2-4773-828573F2D3D58DFA/104/199/215/ART/

Common Workplace Injuries

Have you ever been hurt on the job? Even a small injury could make you eligible for Workers' Compensation. Below is a list of the most common workplace injuries that are often overlooked.

• Lifting Injuries: Heavy lifting is one of the most common workplace injuries. These often result in musculoskeletal disorders (MSD), which is defined by the U.S. Department of Labor as an injury or disorder of the muscles, nerves, tendons, joints, cartilage or spial discs, and tend to keep you out of work longer than other workplace injuries. These are often characterized by back or muscle pain which make simple movements very difficult. Heavy lifting is common and acceptable in the workplace, as it is not the heavy lifting that causes the injury. Rather, the injury is caused by improper lifting techniques.



• Use of Heavy Equipment: Injuries involving heavy equipment is much more applicable to those in the construction and manufacturing fields, as these workers use heavy machinery to work more efficiently. Injuries involving heavy equipment are often the result of an accident or negligence. Regardless, one is still eligible for workers' compensation benefits.



• Automobile Accidents: Those who use a vehicle for work is at risk for an automobile accident. These people can include salesmen, delivery people, and anyone else driving a car for a work-related purpose. Workers' compensation benefits are available to anyone who qualifies, regardless of who was at fault in the car accident.



• Falls From Heights: Falling at work is one of the most common workplace injuries. Falling at work often results in injuries such as sprains, pulls, tears, fractures, and breaks. These injuries often result in time lost from work. Therefore, those who suffer from a fall at work are entitled to workers' compensation benefits during the time they are out of work.

Please be aware that an injury or illness is considered work-related if something in the workplace caused or contributed to the condition, or if a pre-existing condition was aggravated. To avoid a workplace injury, be sure to know of the risks in the workplace. For example, be aware of any machinery that can burn you, cut you, etc. Knowing how to properly utilize the machinery will decrease the likelihood of being hurt by the machine. Also, do not over-exert yourself. Excessive lifting, for example, not only can cause back strains, but it can also lead to overexertion of heart and lung muscles. Recognize when it is too much and have someone assist you. For more tips on staying safe and avoiding workplace injury, please see http://www.injuryboard.com/help-center/articles/how-to-stay-safe-and-avoid-workplace-injury.aspx

To request more information regarding your case, please contact Ladas & Ladas, P.C. at 1-800-339-3332

Injured on the job? Find out what to do and the benefits of Workers' Compensation

Workers' compensation is essentially a negotiation between an employee and an employer. Rather than an employee suing their employer if they are hurt or get sick on the job, the employee is entitled to workers' compensation insurance. As the employee under workers' comp, you are entitled to:

• medical care (paid for by your employer);



• temporary disability benefits (payments due to lost wages because of your injury or illness);



• permanent disability benefits (payments made if you never completely recover);



• vocational rehabilitation (job placement counseling and retraining if you are unable to return to your job); and



• death benefits (payments to your spouse, children, or other dependents if you die from a work-related injury or illness).

Unlike other types of insurance, workers' comp does not require you to prove your injury or illness in the work place was someone else's fault. By law you are entitled to receive medical treatment for your work-related injury or illness, but again, you are banned from suing your employer.

If you are hurt on the job, it is imperative you report it to your employer immediately. This will help ensure there are no complications in receiving the benefits you are entitled to. The employer may investigate the injury to make sure your claims are legitimate. The next step is getting emergency treatment if necessary. You should inquire whether your employer has a preference as to where you should go for treatment. If you are going to lose six (6) or more days of work due to your injury or illness, you should contact a lawyer to help you with your claim.

Call the Law Offices of Ladas & Ladas, P.C. at 1-800-339-3332.

For more information regarding Workers' Compensation, please visit http://www.workerscompensation.com/massachusetts.php