Frequently Asked Questions of Massachusetts Personal Injury Lawyer MaryLin A. Beck
Please limit all inquiries to Injury issues in Suffolk, Middlesex or Norfolk Counties.
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Law Office of MaryLin A. Beck, you can receive a personal consultation regarding your specific legal claim.
Personal Injury Frequently Asked Questions
- What financial compensation can I recover in a personal injury claim?
- How do I prove negligence?
- What is the Statute of Limitations?
- What is Wrongful Death?
- Who can file a wrongful death lawsuit?
- How is financial loss determined in a wrongful death lawsuit?
Serious Injury Frequently Asked Questions
- When can the value of my case be determined?
- How long will it take to resolve my case?
- How is my lawyer paid?
- Who pays for the lawsuit?
- How can I make sure I choose the right lawyer?
- What is my case worth?
Personal Injury Frequently Asked Questions
What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost income, including overtime wages
- Pain & suffering
- Physical disability
- Disfigurement
- Emotional trauma
- Mental disability
- Property damage
How do I prove negligence?
The burden of proof in most civil law cases is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.
What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year from the date of an automobile accident to file a lawsuit . When the statute of limitations expires on your case, you simply don't have a case anymore.
Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Attorney MaryLin A. Beck.
What is Wrongful Death?
Wrongful death occurs when a person's death was caused by the negligent act of another person, such as careless driving, or by an intentional act. People who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The Commonwealth of Massachusetts has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's family members or other personal representatives of the estate are entitled to monetary damages as a result of the defendant's conduct.
Financial injury is one way damages in wrongful death cases are computed. Courts interpret "financial injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or to deter others from behaving similarly.
How is financial loss determined in a wrongful death lawsuit?
Financial, or pecuniary, loss is the main measure of damages in a wrongful death lawsuit. Courts have determined pecuniary damages to include the loss of support, services, lost prospect of inheritance, and medical and funeral expenses.
To determine financial loss, the Court must consider the age, character, and condition of the decedent, his or her earning capacity, life expectancy, intelligence and health, as well as the circumstances of the inheritors. Typically, the main consideration in awarding pecuniary damages is the decedent's circumstances at the time of death. For example, when an adult wage earner with dependants dies, the major portions of the recovery are for loss of income and loss of parental guidance.
If you or someone you care about in Boston or throughout the Massachusetts Counties of Suffolk, Middlesex, Norfolk, Plymouth, Bristol, Essex, or Worcester needs the assistance and skilled legal counsel of an experienced serious injury lawyer, call MaryLin Beck today at 866-723-8234, or complete the contact form provided on this site to schedule your free initial consultation.
Serious Injury Frequently Asked Questions
What is my case worth?
The value of every case depends on the facts of that case. The value of your case will be determined by the extent of damages you have suffered, both economic (out of pocket) and non-economic (pain and suffering), and whether those damages are on-going into the future or have resolved. Value is also dependent on the fault of each of the parties: you and the persons or entities against which you are making a claim.
When can the value of my case be determined?
In most instances the value of your case can be judged when you reach a medical end-result or when a medical end-result can be predicted. Usually, you must finish medical treatment before the full extent of your loss can be determined.
How long will it take to resolve my case?
As a rule of thumb, the more complex the case, the longer it takes to resolve. If fault is crystal clear and damages are straight forward and were clearly caused by the incident at issue, some insurers may be willing to settle before a suit is brought. However, if the injuries are serious and fault is less than clear-cut, or if there are pre-existing injuries or other complications, it will likely have to be put in suit which will extend the time and cost to resolve the case.
How is my lawyer paid?
Most personal injury cases are done on a contingency fee basis which means your lawyer takes nothing unless you are awarded recovery; when you are awarded recovery, your lawyer earns a percentage of it. That fee can be negotiated and can vary depending on the complexity of the case.
Who pays for the lawsuit?
If you sign a contingency fee agreement with a lawyer, you will agree to repay the out of pocket costs of the litigation. Most lawyers advance these costs while the case is pending and ask the client to repay the costs out of the recovery.
How can I make sure I chose the right lawyer?
Make sure your attorney has a reputation for excellence in the legal community. Ask your attorney what experience he/she has had handling this type of case and ask for references. Any attorney should be willing to give you the names and phone numbers of several former clients and practicing lawyers who you can contact. Ask your attorney who will be doing most of the work on your case; if not the attorney, ask to meet the other people who will be working on your case. Make sure your attorney has legal malpractice insurance. Just as you don't want to get in an uninsured automobile, you don't want to engage an uninsured attorney. You need to make sure your interests are protected in the event the unforeseeable happens.
FOR A FREE CONSULTATION, CALL INJURY LAWYER MARYLIN BECK TOLL FREE AT: 1-866-723-8234.
