boston personal injury lawyers - the truth about...she really cares about you. after all, she is...

56

Upload: others

Post on 09-Jul-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 2: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 3: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT

MASSACHUSETTS AUTO ACCIDENTS

CHRISTOPHER EARLEY

Page 4: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

Copyright © 2019 by Christopher Earley

All rights reserved. No part of this report may be reproduced, stored in retrieval system, or

transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise,

without written permission from the author.

Printed in the United States of America.

Law Office of Christopher Earley

44 School Street, Third Floor

Boston, MA 02108

T 617 338 7400

F 617 523 2838

www.ChrisEarley.com

Page 5: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

CONTENTS

Introduction About My Practice and Why I Wrote This Book ......9

Chapter 1 Now What? ............................................................13

Chapter 2 Never Trust An Insurance Adjuster ........................15

Chapter 3 Never Sign Anything An Insurance Adjuster

Gives You ...............................................................19

Chapter 4 Who Pays The Medical Bills and Lost Wages? ........23

Chapter 5 What About Pain And Suffering? ...........................27

Chapter 6 How Do I Find A Car Accident Lawyer? ................29

Chapter 7 The Claims Process ................................................33

Chapter 8 The Court Process ..................................................37

Chapter 9 What Is My Case Worth? .......................................41

Chapter 10 Do I Need A Lawyer For My Case? ........................45

Chapter 11 About Christopher Earley .......................................49

Appendix Sample of Our Case Settlements ............................51

Appendix What Others Are Saying

About Christopher Earley .......................................53

Page 6: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 7: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

7

LAW OFFICE OF CHRISTOPHER EARLEY

44 SCHOOL STREET

THIRD FLOOR

BOSTON, MA 02108

T 617 338 7400

F 617 523 2838

www.chrisearley.com

[email protected]

Page 8: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 9: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

9

INTRODUCTION

About My Practice and Why I Wrote This Book

I have been practicing car accident law in Massachusetts since

2004. I just hate to see people being taken advantage of. I feel it

is my duty (and the duty of all lawyers) to give you real, accurate

information that can assist you. Many lawyers would not want

Page 10: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

10

CHRISTOPHER EARLEY

you to know the TRUTH about auto accidents in Massachusetts.

Many of them feel it is best that clients not know the truth be-

cause if they do, they may handle their case on their own, without

a lawyer. As mentioned in Chapter 10, for very small cases, you

likely don’t need a lawyer. For any other type of car accident case,

however, I would suggest hiring an attorney to represent you.

People need to know the truth. Lawyers do not just go to court and

argue. They also do not just do legal research and writing. What

they also do (or should do) is educate people that are not lawyers

and who do not know how the car accident legal process actually

works. After all, lawyers by trade are supposed to be helping people.

Part of helping people is to educate them on the law. By doing so,

lawyers are helping level the playing field so that people do not get

tricked, and taken advantage of by deceptive insurance companies.

Insurance companies are experts at trapping and deceiving good,

honest people that have been injured in a car wreck that was not

their fault. They usually are successful in their quest to rob people

of what they are owed. DON’T LET THAT HAPPEN TO YOU.

Hopefully this book will warn you on the traps and potholes that

are awaiting you when going up against a big, powerful insurance

company.

There is no reason to go it alone when there is so much help out

there. Fight back. You already are an innocent victim of a car

Page 11: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

11

accident. Don’t be a victim for a second time during the claims

process. Hire a great, honest lawyer and show the insurance com-

pany you will not allow them to trample on your rights.

I wanted to write this book in simple, easy-to-understand lan-

guage, since the law is filled with such complicated language

which most folks don’t understand anyway. I hope you take

away from this guide lessons and inspiration that will help you

make the best possible decisions for the best possible outcome

for your case. If you have any questions about any topics in

this book, or about the car accident claim process in general,

I encourage you to call us today at 617 338 7400, or email me

at [email protected].

Page 12: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 13: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

13

CHAPTER 1

Now What?

You had a car accident. What are you supposed to do

now? You are injured. Maybe you can’t even go to work.

You are receiving medical treatment. Are medical bills

piling up? You may be stressed about the situation. What are

you supposed to do now? The next steps you take are going to

be crucial.

This is a Scenario that Millions of People Throughout America Face

You may or may not have been through this process before. The

key now is to immediately protect yourself, and your rights. But

how do you do that? Who are you supposed to trust? It is import-

ant to educate yourself on what to do, and when to do it, in order

to maximize your case. I hope this guide educates and teaches you

on just how many traps there are in the claims process awaiting

Page 14: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

14

CHRISTOPHER EARLEY

you. I hope it also inspires you to STAND UP and demand noth-

ing short of fair compensation for your case.

It is you against the insurance company.

The Claims World You Just Stepped Into is a Hostile One

You are alone in this fight. No matter what the insurance company

tells you, they don’t care about you, your rights, or the amount of

money you receive. THIS IS REALLY IMPORTANT. Don’t for-

get this rule as you step into the arena alone against the insurance

company. It is you against them. The insurance adjuster is highly

trained and experienced with these cases. You likely are not. How

do you respond? Are you prepared to fight? Do you KNOW how

to fight in this arena?

Page 15: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

15

CHAPTER 2

Never Trust An Insurance Adjuster

The person who caused the accident likely has car insur-

ance. That car insurance company has assigned an ad-

juster to your case. She may or may not have called you

already. If she has not called, she likely will be soon. You likely will

receive a letter from her with forms to fill out. Will you be ready?

If she is calling you she probably sounds really nice. It sounds like

she really cares about you. After all, she is asking how you are do-

ing, what kind of injuries you experienced in the car wreck, etc.

She also may be telling you not to get a lawyer, and that there is

no reason to hire a lawyer since she is “going to take care of you.”

She sounds like she is on your side.

NONSENSE. That could not be further from the truth. This per-

son is calling you for one reason: To limit the amount of money

they have to pay you for your accident claim.

Page 16: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

16

CHRISTOPHER EARLEY

The Adjuster Works for the Insurance Company, Not You

The insurance company is the one paying the adjuster, not you.

It is easy to see that adjuster is most certainly not out to help you

in any way.

Insurance Companies Are Massive, For-Profit Companies

Keep in mind that insurance companies are in the business of mak-

ing the most money they can. They then, when they are hit with a

claim, want to pay you as little as possible for your case. And that

makes sense. They want to keep their money, and they definitely

don’t want to pay it to you. DON’T FORGET THAT RULE.

This is You vs. Insurance Company. Trust is something that does

not exist, and has no place in the car insurance claims process.

NEVER TRUST AN INSURANCE ADJUSTER UNDER

ANY CIRCUMSTANCES. NEVER GIVE A RECORDED

STATEMENT TO ANY INSURANCE COMPANY.

Do not ever give a recorded statement to any insurance company.

The insurance adjuster will say she just wants to get a quick re-

cording to nail down some points about the accident. Don’t fall

for this. The adjuster has marching orders from her boss to get a

recorded statement because that helps the insurance adjuster twist

Page 17: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

17

and manipulate the facts on how the accident actually happened.

They are trained to ask questions in very specific ways that are

designed to damage your case. Before you know it, your previ-

ous slam dunk case now has been poked with quite a few holes.

DON’T FALL FOR THAT TRICK.

Page 18: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 19: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

19

CHAPTER 3

Never Sign Anything An Insurance Adjuster Gives You

Besides being really nice to you, the adjuster also wants

you to sign a medical authorization form. This will al-

low the insurance company to obtain not only medical

records related to the car accident, but also medical records that

pre-date the accident. You don’t have to sign this document. The

adjuster has no legal authority to require you to sign ANY medical

authorization form. All she wants to do is to use these pre-accident

records against you. She will argue that the injuries you claim

to have suffered in this accident are pre-existing. DON’T FALL

FOR THIS.

Page 20: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

20

CHRISTOPHER EARLEY

The insurance adjuster’s main goal is to get your case settled as quickly as possible.

The insurance adjuster’s main goal to get your case settled as

quickly as possible before you get a chance to even consult with

an attorney. This happens all the time to unsuspecting people. The

insurance adjuster will pressure you to sign a release which will end

the case. The release is an official legal document. It is a contract.

It is an agreement which states in exchange for the insurance com-

pany paying you a sum of money, the case will be closed, forever.

NEVER EVER SIGN THIS DOCUMENT.

The last thing an insurance company wants

is to give you fair compensation.

You may be tempted to sign this document in exchange for some

quick cash. Let’s say you had a car accident, and your neck, or back

is starting to hurt. The insurance company is offering you $1,500

to settle the case now. The adjuster likely says “You don’t need a

lawyer, they are a waste of money.” At the time that money sounds

good to you. You therefore agree to sign the release and accept the

small settlement. But the pain you feel from the accident is still not

getting better. In fact the pain may be getting worse. You want to

reopen the case, but quickly learn the release ended the case. In

fact, you may discover you need more medical treatment for the

Page 21: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

21

injuries from the crash. You can’t go back for more money if the

case settled. You are out of luck.

The adjuster, after they have tricked you and gained your trust as

discussed in Chapter 2, now have suckered you into closing out

the case for short money. The pressure was so strong, you felt like

you had no time to hire an attorney. You fell into their trap, hook,

line, and sinker. They tricked you into not getting a lawyer because

they know very well that once you hire an attorney, they will have

to pay you FAIR COMPENSATION. For an insurance company,

that is the absolute last thing they want to do. Don’t fall for these

traps, or any others.

Page 22: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 23: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

23

CHAPTER 4

Who Pays The Medical Bills and Lost Wages?

Massachusetts car insurance law is based on a no-fault

system. This means even if you were at fault, or neg-

ligent in causing the accident, you are still entitled

to have your medical bills and lost wages paid through Personal

Injury Protection (PIP) insurance coverage.

This mandatory auto insurance allows people to get their car

accident-related medical bills and lost wages paid without having

to go to court and file a lawsuit. This in turn prevents courts from

becoming more and more clogged with these smaller cases.

What is PIP?

PIP pays for all reasonable, related and necessary medical bills

brought on by the accident. PIP is paid by the car insurance

Page 24: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

24

CHRISTOPHER EARLEY

company that insures the motor vehicle you were in at the time

of the car accident. These benefits are available for two years after

the car crash occurs. If the other driver was legally responsible or

at-fault for causing the accident, then his car insurance company

will have to pay back your car insurance company for any medical

bills it paid on your behalf. This system of PIP reimbursement is

handled between the two car insurance companies in a process

called subrogation.

PIP can also be used for payment of lost wages. As long as your

employer has confirmed in writing you missed time from work,

and your doctor has taken you out of work due to the accident,

then you can get paid 75% of your lost wages. Please note payment

of PIP can be used exclusively on medical bills, lost wages, or a

combination of the two.

How does PIP work?

Any person making a claim for PIP benefits must first submit

a PIP application. This application asks for basic biographical

information, information about the accident, health insurance

information, etc. Keep in mind the insurer paying PIP has the

right to require you to attend an Independent Medical Exam

(IME). This is a quick visit to a doctor chosen and paid for by the

insurance company.

Page 25: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

25

PIP payments can be used exclusively on medical

bills, lost wages, or a combination of the two.

That doctor will write a report for the insurance company docu-

menting his findings from the medical examination of the claim-

ant. Based on that report, the PIP carrier will either stop or con-

tinue paying the claimant’s medical bills. As well, the PIP carrier

can also require the claimant to submit to an Examination Under

Oath (EUO). This is similar to a deposition, but operates under

slightly different rules. Failure to attend the IME or EUO can

jeopardize your rights to PIP.

The reason for this is an auto insurance policy is a contract be-

tween the insurer and insured. If the insured (accident victim) fails

to cooperate under the terms of the policy, the insurer can claim

the insured is not entitled to PIP benefits under the policy.

PIP will pay the first $2000 in your medical bills if you have pri-

vate health insurance such as Harvard Pilgrim, Blue Cross Blue

Shield, etc. In that situation, after the car insurance carrier pays

the first $2000 in bills then the rest of the bills will be submitted

for payment to the health insurance company.

Any bills health insurance does not pay are then sent to PIP for

payment. If you have Mass Health coverage, then PIP will pay up

to $8000 in your medical bills.

Page 26: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

26

CHRISTOPHER EARLEY

If your medical bills are less than $2000 you can still file a PIP

claim. However, if you want to bring a claim for pain and suffering

against the person that caused the accident, then your medical

bills stemming from the accident must be at least $2000. There

are exceptions to this “tort threshold” amount if any scarring or

fractures were caused by the crash.

Page 27: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

27

CHAPTER 5

What About Pain And Suffering?

You likely have heard the word “damages.” In the world

of car insurance, damages include payment for any

outstanding medical bills, and lost time from work.

Damages also includes pain and suffering. Pain and suffering is

what really drives the value of your claim. That is what the final

settlement will be largely based on.

For example, someone who broke a wrist in a car accident is entitled

to more damages than someone who had a mild neck or back strain

and only went to the hospital a couple of times. Pain and suffering

is open to interpretation as to what is reasonable for a given case.

Most people will not be able to adequately explain

how much pain and suffering they are experiencing.

Page 28: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

28

CHRISTOPHER EARLEY

If you are not familiar on how to read medical records, it may be

impossible for you to adequately explain to the insurance adjuster

just how much pain and suffering you are actually experiencing.

Also, do you know how much pain and suffering damages to de-

mand from the insurance company?

You may think your back problem is adequately compensated

with a $5000 settlement. But what if it turns out you have a disc

herniation that will require surgery, which will put you at greater

risk of arthritis as you age? What if you will require further back

surgeries in the future? A case such as that is worth in excess of

$100,000, or even more. Don’t shoot yourself in the foot by leav-

ing money on the table.

Also, pain and suffering damages are not subject to any state or

federal taxes. This is one of those rare times when Uncle Sam

cannot touch your money.

Page 29: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

29

CHAPTER 6

How Do I Find A Car Accident Lawyer?

There is no shortage of car accident lawyers in

Massachusetts. But how do you find the right one for

you? It is crucial to find one that is trustworthy, aggres-

sive, and experienced with cases just like yours. Finding the right

lawyer can mean the difference between an unfair settlement and

a fair one. Here are some ways to do so:

Online Reviews

It is smart to begin by finding lawyers that have the best reviews.

AVVO, Google and Yelp provide user-generated reviews that will

help you find the most highly-reviewed lawyers. These are a reli-

able way to find honest reviews from past clients who have used a

particular lawyer’s services. Keep in mind if a lawyer has nothing

Page 30: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

30

CHRISTOPHER EARLEY

but incredibly positive reviews, it may be a red flag. As they say, if

it appears too good to be true, it probably is.

Level of Experience

There is just no substitute for experience. Just because a lawyer has

great reviews does not mean he is experienced. For example, there

are many different kinds of car accident cases. As well, there are

many different kinds of injuries that stem from car accidents. Be

sure to find someone that has handled cases just like yours, with

the same, or very similar injuries you suffered in your car accident.

Specialization

Many attorneys are general practitioners. They are a jack-of-all

trades. They handle many different areas of law. They may handle

criminal cases, real estate closings, wills, etc. But how much of

their practice is geared towards car accident claims? Do they only

handle a few car accident cases every year? Only one per year? It

is wise to hire a firm that only handles personal injury cases. That

way you know the firm is solely focused on this area of law, which

will bode well for your case.

Ask Friends and Family

Personal recommendations from those close to you that you trust

are a great way to find a great attorney. Ask those people that you

Page 31: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

31

know who have been injured in an accident and who have hired

legal representation for a referral. They are a great place to get a

rock-solid recommendation.

Page 32: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 33: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

33

CHAPTER 7

The Claims Process

The claims process starts immediately when the crash is

reported to the insurance company. The claim is assigned

to a claims adjuster who starts investigating the crash.

She will review the damage to the vehicles, the scene of the crash,

and the police report (if there is one). She will call you and prob-

ably send you a letter as well.

Meanwhile, you are likely going (or already went) through a course

of medical treatment. You, or your car accident lawyer, will be

keeping the adjuster informed about your medical treatment and

how the injuries are healing.

Insurance companies will offer lower settlements

when you don’t have a lawyer.

Page 34: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

34

CHRISTOPHER EARLEY

Once all of the medical treatment has concluded, you (or your

attorney if you have one) will put together a demand package.

This is a compendium of all your medical records from the crash,

the police report, proof of lost wages, and other pertinent docu-

mentation concerning your car accident claim. Once the demand

package has been received, it will then be reviewed by the adjuster

assigned to your case.

Once it has been evaluated, an offer will be made. The insurance

adjuster generally has 30-days to evaluate a demand package and

extend an offer. If you are representing yourself, the offer will

likely be lower than you were expecting. This is when it helps to

have an experienced car accident lawyer on your side. After all, the

insurance company has a team of lawyers ready to fight your case.

Fighting the case on your own is not a recipe for success.

The insurance adjuster will try to discredit your case with some of

the following tactics:

1. She will argue there was only minimal damage to your

vehicle. She will argue that with such limited property

damage, how could you possibly have been injured?

2. She will argue that your injuries are not very serious. You

may hear “It’s only a back strain, it should resolve in a

couple weeks, no problem.”

Page 35: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

35

3. She will argue that liability is not clear, and that you share

part of the blame for causing the accident.

4. She will argue that there was either too little, or too much

medical treatment.

5. She will argue that you have a preexisting injury.

6. She will argue that you had gaps in your medical treatment

which casts doubt on the legitimacy of your claimed injury.

Of course, each case has its own unique set of facts and circum-

stances. There arguments however are some of the more common

ones insurance adjusters typically use.

If the parties are able to successfully settle the case, a release will be

signed by you. A short time later, you will receive your settlement

check. Once the release is signed, the case is over and can never,

under any circumstances, be re-opened again.

There is an important area of law called insurance bad faith. This

is found at M.G.L. c. 93A/M.G.L. c. 176D and requires insur-

ance companies to engage in good faith business practices when

handling clear liability car accident claims. This is a powerful tool

that can be utilized if an insurance company in bad faith fails to

make a settlement offer that is fair and reasonable.

Page 36: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 37: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

37

CHAPTER 8

The Court Process

If you (or your attorney) receives a less-than-fair settlement offer,

and negotiations have not produced a resolution, then a lawsuit

needs to be filed. At this stage of the process, if you don’t already

have a lawyer, it may be a good idea to get one. That is because any

car accident lawsuit, no matter the size of the case, is filled with

complicated procedures. Never file a lawsuit on your own. There

are too many things that can wrong if you don’t have a lawyer on

your side.

The Lawsuit

First, the lawsuit is filed in the appropriate court against the driver

who caused the accident. Once that person is served with the

lawsuit, then the insurance company that insures that person will

assign a lawyer to defend the case. The insurance company’s lawyer

will file an answer on behalf of the person that you sued.

Page 38: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

38

CHRISTOPHER EARLEY

The Discovery Process

Next, the discovery process of the case begins. This is a process

when each side to the lawsuit exchanges information with one

another. This is done through interrogatories (a fancy word for

questions) and requests for production of documents (each side

exchanges documents with one another). Next come depositions.

These are sworn, oral examinations conducted by the lawyers.

Both you, and the person you sued, may be deposed. Depositions

typically last about three hours in length.

Trial

If the case still does not settle, then an actual trial will be held.

This would be a trial in front of a judge and jury. The attorneys

will make opening statements, present evidence, and examine and

cross-examine witnesses. At the conclusion of the case the jury will

render its verdict.

Mediation and Arbitration

More and more cases are being resolved via mediation and arbi-

tration. There are two methods of alternative dispute resolution.

Mediation is when the parties sit down with a third-party (a

lawyer) who works with both sides of the dispute to try to come

up with a settlement. Arbitration on the other hand is a more

Page 39: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

39

formal process that involves a mini-trial in front of an arbitrator,

who like a judge, hears the evidence and testimony, and issues

a binding ruling.

Page 40: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 41: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

41

CHAPTER 9

What Is My Case Worth?

Each case is unique. Even cases with the same facts and

injuries are different from one another. The reason is that

human beings respond physically to the impact of a car

accident in different ways. Pain is a vague word. People experience

pain in different ways and for different periods of time. If you can’t

explain in a persuasive way to an insurance adjuster the precise

pain you are experiencing, then how can you expect to receive a

FAIR settlement?

There are many factors that go into determining

the value of an auto accident case.

There are many myths out there as to how to value a car accident

claim. An old saying is “three times the special damages” is what

a case should settle for. But that is an incorrect and foolish way to

Page 42: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

42

CHRISTOPHER EARLEY

value a case. There is so much more to valuing a case. This part of

the process is more of an art than a science. Case value is largely

determined by the following factors:

1. Is liability (fault) clearly on the part of the other driver, or

were you partially at-fault for the accident?

2. How much are the medical bills? Generally, the higher the

medical bills, the higher the amount of the settlement.

3. What type of injuries were sustained? Are the injuries

relatively minor involving strains/sprains, or were broken

bones involved?

4. The amount of lost wages. Like with medical bills, gen-

erally the higher the amount of lost wages, the higher the

offer will be.

5. Are there any permanent and physical limitations that

will remain?

There are other issues that are looked at when valuing a case, but

these are some of the more common ones that come into play.

Keep in mind there are minimum liability insurance limits in

Massachusetts. Here in the Bay State, automobile owners are re-

quired to have car insurance. However, they are only required to

carry $20,000 in liability coverage. That means that if someone

Page 43: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

43

negligently injures you in a car accident, and they have only the

minimum of $20,000 in liability coverage, that is the most you

will ever receive for your case, regardless of the extent of your in-

juries. I have represented children killed in car accidents, and the

only insurance available was a measly $20,000.

Page 44: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 45: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

45

CHAPTER 10

Do I Need A Lawyer For My Case?

There is a really good chance you are not as skilled, expe-

rienced, or as savvy as the car insurance adjuster you are

dealing with. Don’t shoot yourself in the foot! Hire an

experienced lawyer that will fight for you and get you the money

you deserve for your case.

Not Every Case Needs an Attorney’s Assistance

For a very small case, with very limited medical treatment and

clear liability, it may not make economic sense to hire an attor-

ney. However, for more serious injuries, a lawyer should always be

hired. Plus, the lawyer does not get paid unless the case settles,

and he advances all the expenses. This is called a contingency fee.

Nearly every attorney in America handles car accident claims on

a contingency fee basis.

Page 46: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

46

CHRISTOPHER EARLEY

If you hire a lawyer, you will still receive more money

than if you handle the case on your own.

Cost of an Attorney

Many people wonder if it makes sense to pay a lawyer 1/3 of the

settlement. Studies show that even after the lawyer is paid his/

her 1/3 fee, you still will receive more money than had you han-

dled the case on your own. Specifically, the Insurance Research

Council found that car accident victims received a settlement

roughly 3.5 times higher than they would have received had they

not had an attorney on the case.

Benefits of an Attorney

Plus, besides getting you a FAIR settlement, the attorney can

make sure all other matters are taken care of such as handling all

paperwork, dealing with the insurance company, and negotiating

a settlement for you.

When you have a medical problem, you don’t try to practice

medicine on yourself. Similarly, if you have a legal problem, such

as being the victim of a car accident, you don’t practice law and

represent yourself. Get legal help today for your case from an ex-

perienced, honest, and aggressive attorney. The legal process is one

you should never dabble in.

Page 47: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

47

In addition, an attorney provides peace of mind. It is tough enough

dealing with the physical and emotional issues an accident causes.

Not having legal help on your side can make the entire situation

even worse. You can rest assured everything is taken care of when

you have an attorney going to bat for you.

Page 48: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,
Page 49: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

49

CHAPTER 11

About Christopher Earley

I graduated from law school in 2004 and decided immediately

after graduating and passing the bar that I wanted to represent

the injured, and never insurance companies. The Law Office

of Christopher Earley was born. My vision was to build a practice

that would provide dedicated, personal, and aggressive represen-

tation to accident victims. Many years later, the office is thriving

as more and more people are coming to us for help.

We are not a typical personal injury law office. We don’t believe

in quick settlements that shortchange our clients. What sets us

apart is we are not one of those personal injury mills you may have

heard or seen commercials for in the past. We believe in taking

on a select number of cases each year so that we can fully dedicate

ourselves 100% to each client we serve.

Page 50: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

50

CHRISTOPHER EARLEY

When you walk into our office you are not a dollar sign, but rather,

a real person with a real legal problem. We believe in never settling

a case for less than fair value. Some firms are afraid of lawsuits and

trial. They don’t want to roll up their sleeves and really, truly go to

bat for a client. We are different. As a result, at our office we have

built a long list of satisfied clients, and a track record of successful

results for our clients through honest, up-front, aggressive legal

representation.

I was recently named a Super Lawyer, which is one of the highest

designations a lawyer can receive.

On a personal note, I am happily-married to my wife, Rory, and

together we have two children, Oliver and Alice. I am a very

blessed man, indeed.

If you have any questions about any topics in this book, or

about the car accident claim process in general, I encourage

you to call us at 617 338 7400, or email me at cearley@chri-

searley.com.

Page 51: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

51

APPENDIX

Sample of Our Case Settlements

Please note these settlement results are for informational purposes

only and are not intended to be nor should they be considered to be a

guarantee of a specific outcome for your case. Each case is unique and

should be evaluated on its own merits.

$700,000Settlement for man seriously injured in motor vehicle collision

$250,000Dog bite settlement for young boy attacked at a farm he was visiting with parents

$225,000Settlement for restaurant employee who slipped and fell

$225,000Settlement for tenant injured by defective wooden porch

$200,000Slip and fall settlement for tenant who slipped and fell due to water leak

$200,000Settlement for woman who slipped on snow and ice on driveway

Page 52: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

52

CHRISTOPHER EARLEY

$190,000 Cyclist struck by car

$175,000Slip and fall in parking lot due to icy conditions

$150,000Motorcycle accident resulting in scarring and disfigurement

$125,000Settlement for tenant injured by tripping hazard

$103,000Trip and fall settlement for fall due to negligently placed cardboard

$100,000Settlement for toddler struck by motor vehicle

$100,000Slip and fall settlement due to unreasonably icy staircase

$100,000 Settlement for man struck by car

$85,000 Auto accident settlement

$80,000 Dog bite settlement

$75,000Slip and fall settlement for employee injured on customer’s property

$62,500 Auto accident settlement

$50,000 Auto accident settlement

Page 53: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

53

What Others Are Saying About Christopher Earley

Dedication, Patience, and Expertise

“Attorney Earley is not only an excellent attorney but a great

person as well. He is my go to resource if I have a questions re-

garding personal injury law and he has always been exception-

ally helpful and generous with his time. I strongly recommend

him to anyone who has suffered a personal injury. You will

find his dedication, patience and expertise second to none.”

Joseph Bognanno

Went Out of His Way to Make Things Easy

“Working with Christopher on my case was absolutely per-

fect. Christopher went out of his way to make the experience

following my accident trauma as easy as possible. I provided

him and his staff with what was needed and everything was

taken care of with absolutely no inconvenience or hassle. Both

Christopher and his staff were very polite and easy to contact

and communicate with. I have had bad luck in the past with

Page 54: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

54

CHRISTOPHER EARLEY

working with lawyers who do not have my best interest. I will

always work with and confide in Christopher in the future in

regards to his arena of law. This was an outstanding experience

with which I would repeat again without question. Thank you

Christopher! Excellent work!” Courtney Linehan

The Go-To Attorney for Personal Injury

“Attorney Chris Earley is a colleague of mine who is my go-to

attorney for personal injury and related cases. He is extremely

knowledgeable and experienced in his industry, as well as very

easy to talk to. I first met Chris when I was starting my own

practice. I went to him asking for his professional advice not

only as an attorney but as a business professional. Since that

first conversation, Chris has become a person I trust not only

with client referrals but also with my own friends and family.

I unequivocally recommend Chris Earley as an attorney, but

most importantly, as a human being.” Julie Tolek

Highly Satisfied

“Highly satisfied with my experience. Chris was a very caring

professional and also informative. He was thorough with his

work and made sure I understood every step along the way.

Page 55: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,

THE TRUTH ABOUT MASSACHUSETTS AUTO ACCIDENTS

55

Chris would educate me on what to expect, what the outcome

could be, and he achieved it. I highly recommend Christopher

Earley as a personal injury and workers compensation law-

yer!” Molly Barrineau

Helpful and Responsive

“Christopher Earley is an excellent attorney. He is very pro-

fessional and was able to patiently handle my mom’s case for

the past 17 months. Also his staff was helpful and responsive

to all our questions and concerns. I would recommend his law

firm to any family or other perspective clients.” Kevin Chiron

Was Able to Give Me a Positive Outcome

“I went to Christopher to represent me during a medical pay-

ment dispute with an insurer. He thoroughly explained the

process and how he was going to assist me. He was transparent

throughout the whole ideal and ultimately was able to give

me a positive outcome. Christopher’s secretary, Arianny, was

also a great advocate and often would listen to my problems

and ensure that Christopher was always looking out for me in

every way possible.” Gloribel Buruca

Page 56: Boston Personal Injury Lawyers - THE TRUTH ABOUT...she really cares about you. After all, she is asking how you are do - ing, what kind of injuries you experienced in the car wreck,