PERSONAL INJURY FAQs

What is personal injury?
Personal Injury is a physical or mental injury to a person caused by negligence or a harmful act. Personal injury is also known as bodily injury.

Is medical malpractice considered a personal injury?
Yes. Medical malpractice means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

What is a contingency fee?
Personal injury attorneys frequently use a contingent fee – wherein the firm is only paid if you receive a recovery. This means that you do not have to pay your attorney before, during or after your case if you do not win. If you do win, your attorney fees will be directly attained from your winnings.

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CAR ACCIDENT FAQs

What should I do immediately following a car accident?
Remain calm and wait for paramedics to arrive on the scene. If you are not severely injured, collect all pertinent information from the other drivers - driver’s license numbers, address, telephone numbers, insurance card information, etc. Keep a daily journal beginning with the date of the accident to document all physical and mental injuries, as well as document your view of the accident.

Should I take the settlement my insurance company is offering me?
You should not take any settlements offered by an insurance company without first speaking with an experienced lawyer. Insurance companies typically offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.

I did not feel pain at the scene and refused medical treatment. Now, a few days later I am in pain. What should I do?
You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from a car accident, even if you think they may be only minor injuries. Even if you did not complain of injuries at the scene of the car accident, you may be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity, and emotional distress due to personal injuries. You should consult an experienced Massachusetts car accident attorney to discuss whether you need representation on your claim.

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WORKERS COMPENSATION FAQs

How do I know whether I am covered by workers' compensation?
Generally, there are two main factors that determine your status: first, whether you are an employee, and second, whether your injury occurred as a result of your employment.

Who pays for workers compensation benefits?
The employer pays the cost of the workers’ compensation benefits for injured employees or their families. Most employers have insurance that covers the cost of providing injured employees with workers' compensation benefits. In Massachusetts, an injured employee may bring a personal injury action under Tort Law in the Civil Courts against an employer who did not have workers compensation insurance when the employee was injured.

Should I hire an attorney to handle my workers compensation case?
In order to be eligible for workers compensation benefits, your case will need to be heard by a conciliator or administrative judge at the Department of Industrial Accidents. The insurance company for your employer will be represented at the Department of Industrial Accidents. You too should have experienced counsel present.

What types of injuries are covered by Worker's Compensation?
Any injury that arises out of and in the course of employment is compensable. If an injury occurs at work regardless of who is at fault, it will generally be covered unless the injured person is guilty of serious and willful misconduct. Employees who become disabled due to repetitive activities such as lifting are entitled to benefits under the law. In addition, cumulative trauma/repetitive motion injuries such as carpal tunnel syndrome and tendonitis are covered.

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