Im a union ironworker that got a bad concussion from a crane swinging a beam that should have been over my head
A third party lawyer is a personal injury attorney who would handle a case against someone other than your employer for your injuries. In such a case you would have to prove the other party was at fault but unlike a workers compensation case you could receive the full value of your lost earnings and compensation for your pain and suffering. If you think you might have a case you should contact an experienced personal injury attorney soon as after 7 months the workers compensation insurer can bring a lawsuit against the third party. If your attorney brings suit before that time then you can can control the lawsuit which is to your advantage. In the meantime if you have a concussion you may want to go to the center for disease controls website www.cdc.gov as they have useful medical information on concussions.See question
Hello, My lawyer sent a demand letter almost 2 weeks ago to insurance and made a claim for for my broken ankle, I would like to know when the insurance is ready to give him a check, my lawyer has to show me the exact amount on check or i should j...
Well, I hope your attorney explained that just because he sent a demand letter doesn't mean that the insurance company has to make you an offer or make you an offer for the amount he demanded. Assuming that he did, any ethical personal injury attorney is supposed to let you know the amount of any offers and let you make the decision as to whether to accept the offer. So, the attorney shouldn't be settling your case without letting you decide whether the amount is acceptable and of course, without you knowing what the settlement amount is. When the settlement funds are received, your lawyer should be providing you with a written breakdown, itemizing the total amount of the settlement; the amount of the attorney's fees; the amount of any reimbursed expenses; and the amount of any other portions of the settlement not being paid to you (for example for medical liens). If your lawyer refuses to do so, then alarm bells should be going off. There's generally no set time for the insurance company to issue payment, but absent an express agreement, settlement funds are usually released within approximately 30 days from the insurance company's receipt of a signed release. Sometimes it can take longer, sometimes it doesn't take that long.See question
I tripped because the snow carpets weren't laid out flat. I am handicapped. As I fell, I landed half-way into the auto open and close doors. As I lay there in a puddle of mud the doors kept opening and closing on me until finally a customer came...
I can't tell you specifically whether you should accept the offer (in my opinion) without knowing a lot more. I can tell you, however, that if you convince a jury that the store was negligent, you are entitled to compensation for your medical bills (past, present and future), loss of earning capacity (not quite the same as lost wages) and your pain and suffering. Massachusetts juries do allow compensation for pain and suffering as well as the other elements of damages, when they are persuaded the defendant was at fault. If you try your case and lose, you could be liable for the other side's statutory costs, which are not attorney's fees or expert witness fees, but are the costs of things like deposition transcripts and subpoenas. Even then, the Court has the authority to waive imposing costs on you (I have lost trials, but never had to have a client pay the other side's costs). The crucial question in evaluating a settlement offer is are you likely to get more from accepting the offer or from trying your case to the jury. Sometimes, it may make sense to try your case even if your are likely to get more from a settlement because the amount offered in settlement isn't meaningful but there is a chance of a jury allowing more compensation. You do have to be prepared if you try your case for the possibility of losing because juries are unpredictable and sometimes deserving cases lose. At this stage, I can't tell whether your attorney is giving you good advice or is simply too scared or lazy to try your case. I am troubled by the statement that in this economy juries are not awarding monetary damages because, although juries are unpredictable, they certainly do award monetary damages in cases they find meritorious. if you are troubled, you may wish to contact an experienced personal injury attorney for a second opinion.See question
I was stopped at a red light when a driver for a major Boston car dealership slammed into me and totaled my car. My insurance company seems to be clueless and dropping the ball: can't figure out who insures the at fault driver, denies coverage for...
In Massachusetts, your first $2000 in related medical expenses due to being injured in an auto crash are paid by your auto insurer under what's called Personal Injury Protection ("PIP") coverage. After that, your medical bills are submitted to your health insurer but your auto insurer is still supposed to cover deductibles and co-pays up to an additional $6000 in coverage. Your auto insurer may also reimburse you for 75% of your out of pocket lost wages up to a maximum amount under your PIP coverage. If you have more than $2000 in medical expenses or a broken bone you may also have the right to bring a claim against the responsible driver. If you need to get your car repaired, the easiest way is to pursue a claim with your insurer if you have collision coverage. If not, you do have the right to make a claim against the other driver. Our firm's web site has a brief guide to personal injury auto insurance issues in MA.See question
My lawyer is sending out a settlement demand letter for a personal injury case but when I asked for a copy of it (it is ready) he claims he never does that with any client. I then asked for the amount he is demanding and he said he never discloses...
The case always belongs to the client, not the lawyer! It is for you to decide how much to settle your case for (or whether to settle it) not your attorney. A good personal injury attorney would have a conversation with you about what they recommend would be a reasonable settlement amount and why (which usually means do they think you will receive more compensation from trying your case or settling it). They should not be settling your case unless you have specifically provided them with authority to settle it for a certain amount. Now, if you have, then the amount of their demand, which is the number that they use to get the conversation started and negotiate from is of less concern. Nonetheless, your attorney should always be willing to answer any of your questions. Although its not routine to provide a copy of the demand letter, the client is always entitled to copies of anything and there is no basis for your attorney to refuse your request for a copy of the letter or to refuse to tell you what the demand amount is. Moreover, the attorney is supposed to report all settlement offers to you. Unfortunately, what you describe does set off some alarm bells and you may wish to get a second opinion on your case from an experienced personal injury attorney. If your attorney continues to refuse to answer your questions, you may want to retain another attorney and your present attorney's conduct may violate some disciplinary rules of the Board of Bar Overseers. I would caution, however, that the foregoing is based solely on what you have written and their could be additional facts that might affect my perspective on what's going on.See question
They do in discovery...but what about during the claim, pre-suit, process
Yes. Massachusetts General Laws Ch. 175 Section 112C requires that an insurer disclose its liability coverage policy limits within 30 days of receiving a written request from an injured person or their attorney. The insurer is liable for $500 and costs and attorneys fees if they fail to provide the information within that time.See question
And I want to know if I'm able to sue for being exposed and inhaling it also
You are generally only entitled to bring a claim if you have developed a disease related to asbestos exposure or show markers of asbestos exposure. Many of the companies who manufactured asbestos have gone bankrupt and trusts have been set up to administer these claims. There are many personally injury lawfirms both in Massachusetts and nationally that specialize in handling these types of claims. You should contact one of these firms who can evaluate if you qualify for bringing a claim. There are still statutes of limitations so if you want to look into this you should attempt to contact one of these firms as soon as possible.See question
Hello, and thank you very much for your time. My grandmother and I live in an apartment complex and this morning she slipped and fell down the steps and on to the sidewalk. This particular staircase has had a huge chunk of marble missing from on...
Landlords have a duty to keep their property in a reasonably safe condition, particularly common areas like stairs. If they know that it's dangerous and don't fix it they can be liable for injuries. There is an issue, however, as to whether you grandmother was also negligent since she knew the stairs had a piece missing. You should talk to an experienced personal injury attorney who can go over the facts in more detail, including looking at the stairs-if they still haven't fixed it you should take a photograph.See question
2 days ago, I was stopped in traffic on Soldiers Field Rd when the person behind me drove into me at a pretty high speed; it threw my vehicle forward about 5 feet and into the car in front of me. Luckily, nobody needed to leave in a ambulance. Aft...
In a nutshell you should consult with an experienced personal injury attorney because your auto insurer is responsible for paying the first $2000 of your accident related medical expenses even if you have health insurance and the coordination of these benefits can be tricky. If you or your girlfriend have over $2000 in related medical expenses you will also be entitled to bring a claim against the driver who hit you (I am assuming from what you wrote that it was the other driver's fault). Our firm's web site has a brief guide to auto accident insurance and the various sources of recovery http://www.kdlaw.net/our-blog/blogdetail/kd-law-blog/2014/06/20/auto-accident-injury-insurance-coverage-guide but you really should call an experienced personal injury attorney and speak to them in detail.See question
hit from behind by auto have not seeked legal counsel yet
That's really a medical, not a legal question. Talk to your doctor and do what you would do to get better if you didn't have a potential claim.See question