Personal injuries and accidents can be devastating. It is an unfortunate truth that many of us will experience, or know someone who experiences, a catastrophic accident in our lifetime. Already tragic events are made even more difficult and painful when they are the result of the negligence or wrongful acts of others. These accidents are personal injury cases. These cases are not only destructive but can be very confusing.
If you have any questions or need a personal injury lawyer, we can help. Schulze Law is a crew of tenacious associates guided by expert lead attorney Marc Schulze. We assist and counsel personal injury clients throughout Massachusetts and beyond, speaking both English and Spanish. Over the past nearly two decades in operation, our firm has worked with many clients while gaining their trust and earning them the compensation and verdicts they deserve.
It’s not uncommon for personal injury victims to have questions after sustaining injuries in an accident. It can be an overwhelming and complicated process to navigate especially on top of dealing with the physical and emotional effects on the injury itself.
Unfortunately, most people don’t think about how injury cases work until they need to bring a claim. This can result in misconceptions about injury cases. If you decide to take steps toward protecting your legal rights after an accident or injury, you may have preexisting ideas or some confusion around personal injury law.
These misconceptions may lead injury victims to make choices based on incorrect information that could hurt their chances for recovery. We’re here to provide some clarity for you. Here are some of the most frequently asked questions in personal injury auto accident cases.
Q: What is a “personal injury” case?
A: “Personal injury” cases are legal disputes that ensue when one person suffers damage or harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that determine whether others are legally at fault. This process occurs through a court judgment or the disputes may be resolved through informal settlement before any lawsuit is filed (which is much more common).
Q: What to do after a personal injury accident?
A:
- Call Schulze Law
- Take photos of your injuries
- Visit a doctor if you haven’t already
- If you have seen a doctor, follow their care plan and attend all follow-up appointments
- Write down a narrative of what happened as soon as possible
- Make a list of witnesses and their contact information if you know it
- Follow instructions from your attorney
Q: How long do I have to file a personal injury claim or case?
A: Under the law, you typically have two years from the date of the injury to file a personal injury lawsuit that is based on the negligent conduct of another person or entity. The time limitation for filing a lawsuit varies, however, depending upon the nature of the claim. It is always the best choice to consult with Schulze Law as soon as possible after your injury.
Q: How will my lawyer at Schulze Law handle my case?
A: After an initial consultation with you, we will investigate your claim. This usually requires a review of some or all of the following:
- Witness statements
- Police reports
- A possible visit to the scene of the incident
- A review of appropriate laws
- A review of all medical reports
Q: Who will pay the medical bills after my accident?
A: After an injury or an accident, many victims worry about how they will pay their medical bills. Because Massachusetts is a no-fault state, your medical bills will be covered regardless of who caused the auto accident. Your initial medical bills will be submitted to the insurance company covering the vehicle you were in. That insurance company is obligated to pay the first $2,000 in medical bills under Personal Injury Protection (PIP). Any medical bills then exceeding $2,000 must be submitted to your private health insurance company. If a bill is denied or only partially paid by your health insurer, the outstanding balance can then be submitted to the vehicle insurance company for payment. If you have no health insurance, the vehicle insurer should pay an additional $6,000 in medical bills above and beyond the initial $2,000.
Q: Will my personal injury case go to trial?
A: The vast majority of personal injury cases don’t go to trial. Most resolve by settlement before the trial date arrives. We are not afraid of going to trial. When trial is necessary, we are strong representation for our clients, seeking justice aggressively at every turn.
Q: How will I know if you have a personal injury auto claim?
A: Under Massachusetts Law, you must be able to show that the other driver was more than 50 percent at fault. Once fault has been established, the following specific requirements must be met in order to file a claim for pain and suffering: There must be reasonable and necessary medical bills in excess of $2,000, or the injury must have resulted in a permanent scar, fracture, disfigurement, or death.
Q: How long will my personal injury case take?
A: How long a personal injury case takes depends upon a number of factors, including how long you are required to be treated for your injuries, whether the responsible party contests how the accident happened or whether it caused your injuries, and whether the responsible party and his or her insurance carrier fairly evaluate your case. It is impossible in the early stages of a personal injury claim to predict when that particular claim will actually settle. Some cases settle in a matter of months after the injury while others can take years to get to settlement or trial. There is no one answer to this question. At Schulze Law we fight hard to get the compensation you deserve and there is no exact timeline for this.
Q: How much is my personal injury claim worth?
A: There is no special formula concerning the value of a personal injury claim. However, some of the factors that are considered in determining the value of a personal injury claim are:
- General Damages:The nature, extent and duration of your physical and emotional damages, including:
- Physical pain and suffering;
- Mental and emotional pain and suffering;
- Permanent injuries;
- Loss of enjoyment of life;
- Loss of bodily function; and
- Disability.
- Medical Bills: You are entitled to be compensated for medical bills which were reasonable in amount and which were reasonably necessary. You are also entitled to a fair and reasonable sum for medical bills that are reasonably expected in the future.
- Loss of Earning Capacity: You are entitled to compensation for any past and future loss of earning capacity that is reasonably related to injuries you sustained in the accident.
- Liability: How strong your case is against the person who caused the accident. Insurance: The amount of available insurance to cover your damages.
- Your Character: Whether you were truthful about the accident, the damages you suffered and your effort to resume your activities.
- The Defendants Character: Whether he was truthful about what happened.
Q: What is negligence – and why does it matter?
A: When the other party caused your accident by not taking care or caution or by deliberate actions, they can be held responsible for your injuries. Whether you were injured by another person or at a business, if there was negligence involved, you likely have a case and should speak to an attorney as soon as possible.
Q: When can I collect lost wages?
A: If you have been injured, recovery may force you to miss days of work. Your lost wages will be reimbursed at 75 percent of your pre-tax wage. The other 25 percent will be retrieved and negotiated with the at-fault party’s insurer.
Q: Should I talk to the police after an accident?
A: Yes, it’s important that you do talk to the police, to get your side on record. However, be sure to stick to the facts. Never take the blame for the accident, and avoid accusations. State the facts for the record, so that these facts can be used later on.
Q: What if I think I’m partially at fault?
A: After a car accident, what you do and say is critical if your case should require the filing of a lawsuit. The most important thing to remember after an accident, is to avoid saying anything that can be used in court later on. While most people are emotional and upset after an accident, it important to never admit fault to the other driver or anyone at the scene. Even a simple “I’m sorry” can look like an admission of guilt at an accident scene. If you aren’t sure who was at fault in the accident, take pictures of the accident scene and of your injuries so you can show them to your lawyer at a later date if needed. If possible, obtain copies of the police report filed at the scene, as well.
Q: Should I accept the insurance company’s settlement?
A: An insurance company is a business. Their main goal is to minimize payouts so they can maximize their profits, which does not leave your best interests in mind. Accepting a settlement from an insurance company will get the ordeal over with pretty quickly. However, the settlement will be incredibly low as compared to what you rightfully deserve. It can be worth it to work with an attorney to get the compensation you deserve so you’re not drastically underpaid. It may take longer, but the payout will be worth the process.
Q: How can Schulze Law help?
A: We help you handle each step in the case in a way that’s calculated to help you get the result that you’re looking for. We will take the time to get to know you, your priorities, and the details of your case. We can then guide you through the process to get the maximum compensation possible. Accident and injury lawsuits are often complex, requiring medical evidence, expert testimony, and a detailed knowledge of negligence law. In order to ensure that your case is as well-prepared as possible, it’s important to call Schulze Law.
As personal injury lawyers, we want to help answer questions surrounding the personal injury process. Not having the correct information can be detrimental to personal injury victims if they enable an individual to postpone talking to a lawyer or to completely abstain from seeking legal representation entirely. Call Schulze Law today!
