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What should I do immediately following a car
accident?
Who is liable for paying for
my physical injuries as well as any personal property damage?
Who is responsible for an
accident involving my vehicle and a city street pothole?
Should I take the settlement
my insurance company is offering me?
What issues will I face in
making a claim for my injuries sustained in an auto accident?
What if I cannot afford to pay
my medical bills?
When will my personal injury
claim be resolved?
What is a permanent injury?
Am I at fault if I rear-end
another vehicle?
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?
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.
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Who is liable for paying for my physical injuries as well as
any personal property damage?
The driver(s) who caused the accident’s liability insurance pays
for your car damage and personal injuries. If you are at fault
for the accident, your liability insurance will pay the other
driver(s) for property damage and personal injuries up to your
policy's limits.
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Who is responsible for an accident involving my vehicle and a
city street pothole?
Responsibility for damage caused by improper maintenance or
repair of roads and highways generally lies with the government
agency responsible for the upkeep of such roadways. If it were a
pothole on a city street, the city would be responsible, etc.
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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.
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What issues will I face in making a claim for my injuries
sustained in an auto accident?
The three categories of issues that typically arise in a tort
claim after an automobile accident are:
• Liability – who is at fault and to what degree
• Damages – injuries or losses that were caused by the accident
• Insurance Coverage – what the insurance company will pay for
after an accident
A claim for injuries usually is based upon carelessness or
negligence. In worse case scenarios, it involves an intentional
or reckless act.
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What if I cannot afford to pay my medical bills?
If you suffer injuries from a car accident, you will likely have
medical bills from physicians, hospitals, physical therapists,
and other health care providers. You are primarily responsible
for paying your bills, regardless of the cause of your injuries.
The at-fault person's liability insurance carrier is responsible
for paying you reasonable compensation for damages incurred,
which includes medical bills, but the insurance carrier is not
responsible for paying your doctors, hospitals, and other
providers. Sometimes the amount the insurance company is willing
to pay is far less than the actual amount you owe.
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When will my personal injury claim be resolved?
Personal injury claims can be resolved in a matter of a few
weeks or months. However, they can take up to several years
depending on the complexity of the case. It is best to speak
with an experienced personal injury attorney about your specific
case.
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What is a permanent injury?
A permanent injury is an injury that will be with you for the
rest of your life or for some period beyond the settlement of
the claim. In most cases, the injured party is entitled to
compensation from the at-fault party or their insurance company
for all medical bills incurred to date and into the future for
all injuries caused by the accident.
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Am I at fault if I rear-end another vehicle?
Usually, yes. Massachusetts’s law states that you must maintain
a safe distance to be able to stop safely if a car stops in
front of you.
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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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