Personal Injury Frequently Asked Questions
Personal injury law refers to the area of civil law designed to obtain compensation for personal injury resulting from the negligence of someone else. Initially, the personal injury lawyer tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks that the case is strong and has a good chance of winning, the case may go to trial. The main concerns in an injury case are negligence and liability. Before you can collect an award, personal injury lawyer Nora Tolins will have to prove that the defendant is liable. To prove liability, she must establish that the defendant was negligent. Negligence is typically defined as conduct that falls below a standard of reasonable care. Once liability has been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering.
What is Personal Injury?
A Personal Injury is any physical or mental injury that is a result of another person’s negligence or harmful act. Worcester, Massachusetts based personal injury lawyer, Nora Tolins has experience in representing accident victims who have suffered serious personal injury. Sometimes personal injury may be referred to as bodily injury. Injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in injury:
- Auto accidents
- Dangerous or Defective Product Injuries (Product Liability)
- Motorcycle Accidents
- Boating Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workers Compensation
- Wrongful Death Accidents
- Toxic Exposure
- Large Truck Accidents
What financial compensation can I recover in a personal injury claim?
Accident victims are entitled to recover money damages for all losses and expenses that they suffered as a result of the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills,
- Lost Wages, including overtime,
- Pain & Suffering,
- Physical Disability,
- Disfigurement,
- Permanent Scars,
- Emotional Trauma,
- Mental Anguish,
- Loss of Enjoyment,
- Loss of Love & Affection,
- Embarrassment,
- Mental Disability,
- Property Damage, and
- All out of pocket expenses (transportation charges, doctor/hospital bills, medical equipment, etc).
How do I know if I have a case?
In order to prevail in a personal injury lawsuit in Massachusetts, you must be able to show that you have been injured and that your injury resulted from the intentional or negligent conduct of another. The injury may be a physical injury or it may be an emotional injury. In addition, it must sometimes be demonstrated that your conduct did not contribute to the accident and that there are no defenses that would bar recovery. By consulting with Worcester, Massachusetts based attorney Nora Tolins, you will be in a better position to determine whether or not you have a case and if you do have a case, the strength of your case.
How do I know if I may need an attorney?
If you have been seriously injured in Worcester, Massachusetts or a surrounding area or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. In a serious injury case, you are better off hiring an attorney as soon as possible. There is a statute of limitation that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from filing a lawsuit or obtaining any compensation for your injuries. Attorney Nora Tolins will be able to advise you on the applicable statute of limitations for your injury case.
What is a Contingency Fee?
A contingency fee is a method of compensation that is used by lawyers in most injury cases. The fee that you owe your attorney is contingent or only required to be paid if your lawyer obtains money for you. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear “no fee unless we recover money for you.” However, the client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are negotiable and usually one third of what you recover from the responsible party.
If I have an injury case do I have to go to court?
Most cases in Massachusetts are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
How long will it take to resolve my case?
Each case is different, it is difficult to say how long it will take to resolve. Once you contact attorney Nora Tolins, you can be assured that she will remain committed to resolving your case as quickly as possible and will use all of her resources to do so. You can concentrate on recovering with peace of mind that attorney Nora Tolins is moving forward, negotiating or litigating your case to its proper conclusion.
If you or someone you know in Worcester, Massachusetts or a surrounding area including Central Massachusetts and Middlesex County needs the assistance of an experienced personal injury lawyer then contact The Law Office of Nora Tolins, Esq. for a free consultation with an experienced Worcester Massachusetts personal injury lawyer. The office can be reached at 866.305.7236 or via their convenient contact form.
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