Roadway Accidents, Insurance Companies, Mistakes to Avoid

For viewers of my web site, I offer an excerpt from my free book, Don't Lose Your Massachusetts Personal Injury Case Before You Begin. You can order the entire book free from this web site. If you have been seriously hurt in a car crash, truck accident, pedestrian accident, or any other roadway accident, the mistakes to avoid and myths about serious personal injury cases, that can destroy your chances to receive fair compensation for your catastrophic injuries, are so important, that I wanted even people who don't order my free book, to read them. Here is the excerpt:

SIX MYTHS ABOUT SERIOUS PERSONAL INJURY CASES IN MASSACHUSETTS

MYTH #1

Any lawyer can handle my serious personal injury case. The insurance companies always settle. I may as well give the case to my brother’s friend, Bob, the real estate lawyer.

THE TRUTH

If you’ve been badly hurt because of the carelessness of another person or a company, you won’t obtain the results you deserve unless you hire a lawyer who is experienced in handling major personal injury cases. Proving who is at fault, understanding your medical records, retaining the right experts, conducting discovery, and preparing your case for trial, are very different skills than those used in legal matters unrelated to personal injury.

MYTH #2

I should exaggerate my injuries, go to a lot of unnecessary doctor’s appointments, and take extra time off from work if I want to get the best settlement.

THE TRUTH

Faking or exaggerating injuries is the best way to destroy your personal injury case. Insurance companies routinely employ private investigators who may photograph you going about your daily business. If you claim that you are still on crutches three months after your car crash, and the private investigator films you bounding up your front steps, if you claim you’re in constant pain and the private investigator films you playing touch football in the park, you can say goodbye to your case. The insurance company will never settle with you for more than a fraction of what you might have gotten had you played it straight. If you go to trial, jurors punish fakers with defendant’s verdicts or small awards. Never understate your injuries or their impact, but get back to work as soon as you safely can, and don’t invent or inflate your injuries or you will deflate your case.

MYTH #3

If someone from the insurance company of the party that hurt me, calls me, I don’t need to be afraid to talk to them. I’ll be able to make them understand that it was their insured who was at fault, and how serious my injuries are. Talking to the other side’s insurance representative will get my case off to a good start.

THE TRUTH

Never talk to a caller from the other party’s insurance company, except to give them the name and phone number of your lawyer, or to tell them that you will be retaining counsel, who will contact them. The insurance agent is not calling you as your friend. He is trying to start your case off favorably to his insured – the one who injured you.

MYTH #4

I don’t really need a lawyer. If I write a letter to the insurance company explaining my case and asking for a reasonable amount of money, the will make a reasonable offer, and I will have saved attorney’s fees.

THE TRUTH

The insurance company isn’t trying to be fair and reasonable. They are trying to settle your case for the least amount of money they can get away with. Unless they are convinced that you are represented by experience counsel and that you are willing to take a well-prepared case to trial, you will never get a fair settlement.

MYTH #5

The more money I demand from the insurance company, the more they will pay me, so my lawyer should demand much more than my case is really worth.


THE TRUTH

Insurance adjusters spend all day every day evaluating the worth of personal injury cases. They get it wrong sometimes, but usually have a good sense of what a case is worth. Determining how much to demand is a balancing act for an injured person’s lawyer. If your lawyer demands too little, he risks leaving money on the table. If he demands too much, he risks looking inexperienced or unreasonable, in which case, the insurance company is unlikely to offer full value. An attorney experienced with serious personal injury cases will make a demand that reflects the impact of your injuries on your life, that shows he knows the business, and that can be backed up with evidence suitable to present to a jury should the case go to trial.

MYTH #6

There’s no need for me to hurry if I’ve been seriously hurt in an accident. I’ve heard that I have three years to file a personal injury law suit in Massachusetts, so I’ll hire a lawyer to pursue my case when I get around to it.

THE TRUTH

You should hire a lawyer as soon as you are able. If you are too seriously injured to find a lawyer experienced with major personal injury cases, you should try to have a family member begin the process for you. The best time for your lawyer to preserve important evidence, such as the testimony of witnesses and photographs of the accident scene, is as soon as possible after the accident happens. Over time, key witnesses may move and be harder to find and interview. Their memories may fade. Roadways or building interiors and exteriors may change, making it more difficult to reconstruct the way the scene looked at the time of the accident. If you were in an automobile or workplace accident, the car or piece of equipment that was involved in your accident, may be sold or destroyed, making it impossible for your lawyer to know its condition at the time of your accident. While you are tarrying, be assured that investigators for the insurance company are on the spot, attempting to obtain favorable witness statements and other evidence. If you have been seriously hurt in an accident that you believe was caused by the carelessness of another, it is imperative that you retain an experienced lawyer as soon as possible.

To learn more about serious personal injury cases in Massachusetts, go to my home page, and order the free book.