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Law Offices of Sousa & Sousa

 

If You Have Been Injured...What You Need To Know





What You Need To Know
What You Should Do

If you have been involved in an automobile or motorcycle accident, you should do the following:

  1. Stop immediately and take safety precautions;
  2. Call the police;
  3. Exchange information, including names, addresses, license, telephone numbers, registration and insurance information;
  4. Identify witnesses by obtaining names, addresses, telephone numbers and statements;
  5. File an operator's report within 5 working days of the accident;
  6. Notify your insurance company;
  7. Consult an attorney for information and assistance in preparing and filing your operator's report and notifying your insurance company;
  8. Do not admit fault;
  9. Do not panic, keep calm, assist any injured party and do not leave the scene of the accident.






What You Need To Know
Automobile Accidents

If you have been injured in a motor vehicle accident, you may be entitled to recover monetary damages for your bodily injuries and pain and suffering if any of the following criteria are met:  you incur medical bills of $2,000.00 or more; you sustain a fracture; you suffer loss of hearing or permanent disfigurement; or the injury results in death.

In addition, you may be entitled to Personal Injury Protection benefits regardless of who was at fault.  These benefits are commonly known as "PIP" or "No-Fault" benefits.  These benefits may provide up to $8,000.00 for your medical expenses and lost wages.  Your PIP benefits may have to be coordinated with your health insurance benefits and any wage continuation or disability pay you may have available.  There may also be medical payment coverage available to pay for medical expenses.

In addition to receiving compensation from the person who was at fault, you may be entitled to Underinsured Motorist benefits from your own insurance company.  Underinsured Motorist benefits apply when the person legally responsible for the accident does not have enough insurance to compensate your for your injuries.  In the event you are injured in a hit-and-run accident or by an automobile that does not have insurance, you may be entitled to Uninsured Motorist benefits from your own insurance company.  Underinsured and Uninsured insurance coverage is one of the most important coverages a person can have on their automobile and it is strongly recommended that you consult your insurance agent to determine whether or not you have adequate limits of coverage.







What You Need To Know
Motorcyle Accidents

If you have been injured in a motorcycle accident, you may be entitled to recover compensation for your injuries and property damage.  Unlike automobile accidents, you are not required to incur $2,000.00 in medical bills, sustain a fracture, loss of hearing, permanent disfigurement or suffer injury resulting in death.  These requirements do not apply to an operator or a passenger of a motorcycle because there are no Personal Injury Protection benefits available to cover medical and lost wages.  It is strongly recommended that you consult a lawyer if you have been injured or suffered property damage as the result of a motorcycle accident.







What You Need To Know
Workers' Compensation

If you have been injured in a job-related accident, you may be entitled to workers' compensation benefits.  These benefits can include weekly payment of compensation, payment of hospital and medical bills, payment for scarring, travel, retraining, rehabilitation and other benefits.  Generally, under workers' compensation law, an employee cannot sue his employer to recover for pain and suffering.  However, if you have been injured as the result of the negligence of a third, such as the operator of an automobile, the manufacturer of a defective product or the owner of negligently maintained premises, you may be entitled to bring an action against the third party for damages, including pain and suffering.







What You Need To Know
Injured by Drunk Driver

If you have been injured by a drunk driver, you may not only be entitled to bring a legal action against the drunk driver but also the establishment which sold or served the alcoholic beverages to the driver.  A liquor establishment may be liable for injuries caused to others by a drunk driver and may also be liable when the intoxicated person causes harm to himself.







What You Need To Know
Slip and Fall

If you have been injured as the result of a slip and fall accident, the owner of the premises may be responsible for your injuries, including compensation for your medical expenses, lost wages, pain and suffering and any permanent disfigurement.  In Massachusetts, an owner of land owes a duty of reasonable care to all lawful visitors on his premises, both to the tenant and the tenant's guests and can also be held responsible for any injuries suffered as a result of defects in the premises, lack of repair and repairs improperly made.





What You Need To Know
Defective Products

If you have been injured as the result of a defective product, you may be entitled to compensation for your injuries from the manufacturer, supplier or seller of the product.  Massachusetts courts have found manufacturers, suppliers and sellers legally responsible for defectively manufactured products which cause physical harm to the users of the products.  A manufacturer may also be legally responsible for the failure to warn the user of any potential dangers that may come from the use of the product.





What You Need To Know
Dog Bites

If you have been bitten, attacked or injured by a dog, the owner or keeper of the dog may be liable for your injuries so long as you were not committing a trespass or other tort and you were not teasing, tormenting or abusing the dog.  If a child, under the age of seven years, is bitten or injured by a dog, it is presumed that the minor child was not committing a trespass or other tort or teasing, tormenting or abusing the dog.  Teasing, tormenting or abusing the dog means that you intended, by your conduct, to actually tease, torment or abuse the dog.  You may be entitled to compensation for injuries suffered as the result of an actual dog bite or injuries resulting from being attacked, chased or knocked over by a dog.  Generally, such a claim is covered by the homeowner's insurance policy of the owner or keeper of the dog.







What You Need To Know
Lead Paint Poisoning

If you or your child have been injured as the result of lead paint, you may be entitled to compensation for those injuries.  Owners of residential premises are strictly liable for all damages caused by the failure to remove or cover accessible and dangerous levels of lead contained in paint, plaster or soil when a child under six years old resides on the premises.  The law allows recovery for any damages resulting from a child's past and future medical expenses, educational and vocational expenses, loss of future earnings and emotional distress.  Additionally, the statute may allow for damages for the parent's emotional distress as well as their out-of-pocket expenses.  If you feel you or your child have been exposed to lead, you should speak to a lawyer who can help you understand your rights.







What You Need To Know
Summary

The information provided in this Web site is of a general nature and should not be applied to your specific situation without obtaining legal advice.  If you have been injured, you should speak with an attorney who concentrates in personal injury law to get sound legal advice concerning your rights to compensation for your injuries, medical bills, lost wages and pain and suffering.  We have over 35 years of legal experience in handling personal injury claims.  There is no charge for the initial consultation and there is a fee only on recovery in personal injury cases.





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