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03/15/2012 Accidents resulting in personal injuries are a common occurrence in our daily lives. In addition to auto accidents, we may suffer personal injuries or property damage in accidents in the home, at business premises, or on streets and sidewalks. Injuries may also be caused  by carelessness of doctors, lawyers and other professionals. You can protect yourself by consulting a lawyer if you suffer an injury or property damage as a result of an accident.EVALUATING YOUR CLAIM To determine whether you have a claim, your lawyer will consider whether another person’s conduct wrongfully caused your loss. There are three kinds of wrongful conduct - negligence, intentional misconduct, and strict liability. Negligence is the most common basis for recovery of losses from an accident. The law holds individuals responsible for their own carelessness. For example, drivers who neglect to stop for stop signs or doctors who fail to follow established medical procedures. Recovery for intentional misconduct may result if someone has deliberately hurt you or your property. For example, if someone has deliberately hit you without your permission, detained you against your will, or made false statements that injure your reputation. Individuals and companies may be responsible for damages on the basis of strict liability if they have engaged in dangerous activity, such as conducting blasting operations or keeping wild animals as pets, or if they have manufactured a defective or dangerous product. WHAT IS YOUR INJURY WORTH Your lawyer can help put a dollar value on your injury. You are entitled to compensation for your medical expenses, lost wages, and the cost of repairing your property. You are also entitled to compensation for any pain, disfigurement, physical handicap, embarrassment, loss of enjoyment of life, mental distress, emotional pain, and other psychological injuries. FINDING SOURCES OF COMPENSATION The time, effort and expense of a lawsuit are not ordinarily worthwhile if the person responsible for your injury does not have sufficient assets to pay for your damages. Your lawyer can help you determine what assets or insurance are available to compensate you. You can bring an action against all those who caused your injury. For example, if a negligent person injures you in the course of working for someone else, that employer is often responsible as well. Other parties potentially responsible for an auto accident may include the owner of a vehicle driven by someone else or even governmental authorities, if defective conditions contributed to the accident. PRELIMINARY INTERVIEW AND INVESTIGATION Your lawyer will carefully interview you to learn the facts of the accident, who is responsible, the extent of your injuries and the amount of your loss. After the initial interview, your lawyer will obtain medical records, interview witnesses, obtain police reports, and other information to help prove your claim. FILING A LAWSUIT Your lawyer may be able to settle your claim and obtain compensation for you without a lawsuit. Your claim may also be settled after a lawsuit is filed, or even after a trial. If a lawsuit is necessary, your lawyer will prepare the documents necessary to file your claim with the court and gather the evidence needed to prove your claim at trial. The process of gathering evidence is called discovery. It ordinarily includes the exchange of relevant documents, the answering of written questions known as interrogatories and orally questioning witnesses under oath before trial in depositions. The pretrial discovery process can take many months to complete depending on the complexity of your claim. If not settled, your case will go to trial after the completion of pretrial discovery. It may take many months or years to set a trail date depending on the court where your lawsuit is filed. Most cases may be decided by a judge if it is required by statute or agreed to by the parties to the lawsuit. PRESERVING THE EVIDENCE Your claim is only as good as the evidence that supports it. When an injury occurs, you should take notes on the circumstances of the accident, including the names, addresses, and phone numbers of witnesses, doctors, and other medical care providers who treated you. Your lawyer needs this information to determine whether you can provide your claim. It is often useful to photograph or videotape the evidence of the nature and extent of your injuries and the damage to your property. Photographs should be taken of your bruises, stitches or other visible signs of injury. In the case of an auto accident, the vehicle should be photographed before any repairs are made. After a fire in your home, take pictures of the damage. You can help establish the date of the photos by keeping notes and having someone witness the taking of the photos. These photos can provide valuable support for your claim. Preservation of evidence is essential to the successful resolution of your claim. If the evidence is lost or destroyed it will be difficult to prove your case at trial. The evidence should be stored in a secure place where it will not be damaged. If the claim involves a defective product, retain, if available, the packaging and instruction booklet as well as the actual product that caused the injury. Your lawyer may recommend that you keep a daily log of the medical and financial consequences of your injury. In your log, you can keep a record of hospital stays, doctor visits, medical treatments, healing progress, medical bills, time lost from work, lost earnings, and expenses incurred. CONCLUSION Under the law, others may be responsible for your injuries. In the event of such an injury, consult a lawyer as soon as possible. It is important to act quickly to preserve your rights to compensation from those who caused your injuries. Any injuries that you receive should be referred to your lawyer. Your lawyer will estimate the value of your claim and help you collect fair compensation for injuries and damage to your property. COMMON NEGLIGENCE LAWSUIT
We, at Amaral & Associates, P.C., can assist you with your personal injury needs. Please contact us at (617) 539-1010 and at edamaral@amarallaw.com.Check out our website at www.amarallaw.com. 03/07/2012 Auto accidents can happen to anyone. You can protect your legal rights by doing the right thing after an accident occurs. Here are some of the steps you should take if you are involved in an accident:  STOPPING YOUR CAR If your car is involved in an accident and you don’t stop, you may be subject to criminal prosecution. Leave your car as close as possible to the place of impact without obstructing traffic. After stopping, remain at the scene of the accident, protect the scene, report to the police and gather information. AIDING THE INJURED If someone is injured, give first aid if you are qualified and call for an ambulance. Remember to note the location of the accident before you call for an ambulance. Tell the ambulance dispatcher the name and number of the street as well as the direction in which the cars were traveling at the time of the accident. PROTECTING THE SCENE Protect the scene of the accident to avoid additional collisions. Do not allow your car to obstruct the road if it can be moved. Warn approaching cars by raising the hood of your car and using your car’s hazard warning lights. In addition, for night time accidents, place flares or reflectors on the road. CALLING THE POLICE Call the police, particularly if someone has been injured. A police report of the accident will help your insurance claim and any liability claims. Ask the officer how to get a copy of the accident report and note the officer’s name and badge number. If you receive a traffic ticket, it does not mean you are guilty of a traffic offense or that you are responsible for the accident. Be aware that you may hurt your claim for damages from the other driver if you plead guilty. Consult your lawyer and insurance agent before pleading guilty to any traffic offense. EXCHANGE INFORMATION WITH THE OTHER DRIVER Exchange information with the driver of the other car. You should get the following information:
DO NOT ADMIT RESPONSIBILITY When you exchange information with the other driver and give facts to the police, don’t admit responsibility for the accident. Things that you say can be used against you if there is litigation. You may think that you were responsible for the accident and later learn that the other driver caused it or that the other driver was equally at fault. TOWING YOUR CAR Before you allow a tow truck driver to pick up your car, be sure to ask the driver how much it will cost and tell the driver where to take your car. Get the name, address and telephone number of the driver and the towing company. FILING AN ACCIDENT REPORT In most states, you must file an accident report with state department of public safety or department of motor vehicles. The report must be filed within a few days of the accident if there were personal injuries or if the damage to property exceeded a minimum amount, say $50. Failure to file an accident report may result in a fine and loss of your driver’s license. You should be able to get an accident report form from your local police or insurance agent. Keep a copy of the report for your records. SEEING YOUR DOCTOR Both you and your passenger should consider seeing a doctor immediately after an accident. The doctor may recognize injuries, sometimes serious , that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. Don’t settle claims from the accident until your doctor has advised you about the extent of your injuries. NOTIFYING YOUR AGENT Call your insurance agent as soon as possible after an accident. Your insurance company may have grounds to deny coverage if you fail to give prompt notice of the accident. Follow up the phone call with a written notice and save a copy for your files. The written notice should contain information about the date, time and place of the accident, with names and addresses of the other drivers, injured persons, passengers, and witnesses. If you were at fault, your liability insurance should pay for any injuries or property damages. If the other driver is at fault but does not have insurance, your insurance may pay for damages to your car (collision coverage), your medical expenses (medical payment coverage) and even for your pain and suffering (if you have uninsured motorist coverage). NO-FAULT INSURANCE Some states have adopted "no-fault" insurance laws. If you live in a no-fault state, your insurance policy will cover your losses from a minor accident regardless of whether you caused it. The losses covered by no-fault insurance usually include medical expenses and lost earnings. No-fault insurance does not protect you for major accidents since the amount of coverage is limited to a few thousand dollars in most states with no-fault insurance laws. CALLING YOUR LAWYER If you have been involved in an accident, or if you have received a traffic ticket, your lawyer can advise you about your rights and responsibilities. The sooner you call your lawyer the better since witnesses may forget the details of the accident. Your lawyer can counsel you on how to respond to questions from insurance adjusters and help you recover compensation for your personal injuries and damages to your car. ACCIDENT INFORMATION FORM 1. THE OTHER DRIVER AND VEHICLE: Name, address, telephone________________________________________________ ____________________________________________________________________ Driver’s License no._____________________________________________________ ____________________________________________________________________ Vehicle license plate no.__________________________________________________ Vehicle make, model, and year____________________________________________ ___________________________________________________________________ 2. NAME, ADDRESS, AND PHONE NO. OF PASSENGER IN OTHER VEHICLE: Name, address, telephone_______________________________________________ ___________________________________________________________________ Name, address, telephone_______________________________________________ 3. OTHER INFORMATION Date and time of accident______________________________________________ Location of accident__________________________________________________ Road conditions_____________________________________________________ Traffic conditions____________________________________________________ Weather conditions__________________________________________________ Were your or other vehicle’s headlights on?________________________________ Were you or other driver signaling a turn?__________________________________ Length of your vehicle’s skid marks______________________________________ Name, badge no. of police officer _______________________________________ Use the space below to diagram the path of the vehicles before the accident and their position after the accident. Use a solid line to show the path of the vehicles. Show any stop signs, traffic signals, or street lights. 2 records found. |
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