How Ventura Law Can Help You:
There are important reasons why an experienced personal injury attorney should be consulted as soon as possible after an accident or injury.
The following actions will be taken on an injured person’s behalf by Attorney Peter Ventura for every client:
1. HELP — WITH MEDICAL BILLS
In any significant accident or injury case, hiring an attorney as soon as possible is critical. What can an attorney do that an ordinary person cannot? First, it is highly unlikely that a person without legal background and expertise will have the know-how to navigate through the complex maze of insurance issues that are relevant to getting medical bills paid. Medical bill reimbursement can be complex and cumbersome. Sometimes an auto insurance policy needs to be interpreted, as there are multiple provisions which can provide medical reimbursement. Often private health insurance plans of an injured person need to be analyzed. In other cases, an injured person may not have private health coverage, but may be covered by a government sponsored health care benefit such as Medicare or Medicaid. And in other cases, other specialized kinds of insurance can apply. For instance, a person who is injured on the job may be entitled to workers compensation insurance. Finally, there be circumstances where a responsible or at fault person or business entity may have liability fault based insurance or no-fault medical payments coverage which might apply.
2. HELP —WITH LOST WAGES
Getting reimbursement for lost wages can be quit confusing. For instance, in an auto accident case, lost wages can be obtained from an injured person’s own auto policy through so-called Personal Injury Protection (PIP) no-fault insurance coverage. Sometimes an injured person, often through benefits obtained from his/her employer, may have private disability insurance to pay for time out of work. If a person is hurt on the job, workers’ compensation can often reimburse for lost wages. In the case where fault or liability can be established against an individual or business, liability insurance may exist which includes lost wage reimbursement.
3. HELP — BY CONDUCTING AN INVESTIGATION OF ALL PARTIES WHO MAY BE AT FAULT OR RESPONSIBLE
A thorough investigation of the relevant facts needs to done ASAP. Such an investigation often will include obtaining relevant documents from any public authorities, such as a police department, to more comprehensive activities, such as hiring private investigators and accident reconstruction engineers.
4. HELP — BY PRESERVING EVIDENCE TO PROTECT YOUR LONG TERM INTERESTS
Preserving evidence is critical to winning legal claims and getting insurance companies to pay full damages to an injured person. Photographing evidence is key. Injured body parts must be photographed and, depending on the circumstances, relevant autos, locations where accidents occurred, or relevant products and equipment should also be photographed.
5. HELP — BY NOTIFYING RESPONSIBLE PARTIES AND THEIR INSURANCE COMPANIES OF A LEGAL CLAIM FOR COMPENSATON AND DAMAGES AND BY FILING LEGAL ACTIONS TO PRESERVE RIGHTS
Legal claims can vary in nature, especially certain kinds of claims which have special notice requirements that an injured person is required to comply with. Examples include hit and run car accidents, falls on snow and ice, or claims against a government entity or government employee. Additionally, statutes of limitation exist in all medical injury type claims. Statutes of limitations are time periods set by law within which a legal complaint must be filed in court to preserve rights to compensation, otherwise a legal claim is barred from going forward and an injured party is prevented from obtaining legal compensation for his/her damages. These periods of limitations vary according to the type or kind of case involved, and there are many exceptions and special circumstances where modifications or extensions to these provisions might apply.
6. HELP — BY HAVING AN ATTORNEY OF RECORD TO PREVENT INSURANCE COMPANIES FROM TAKING ADVANTAGE OF THOSE WHO ARE UNREPRESENTED BY AN ATTORNEY
It’s simple. Until you hire an attorney, an insurance company may knock on your door, call you at home, or otherwise attempt to get information from you directly. The minute you hire an attorney, an insurance company or other investigators are prohibited from dealing with you directly and must direct any and all questions or inquiries to the lawyer, not the client. This helps to prevent insurance companies from taking advantage of ordinary consumers and people who likely do not know enough about the legal claims process to protect their own interests and avoid making mistakes.
7. HELP — BY CONDUCTING A THOROUGH ANALYSIS OF YOUR CASE TO DETERMINE WHAT ITS LEGAL VALUE IS BEFORE SETTLING WITH AN INSURANCE COMPANY
Determining the legal value at which a personal injury case should settle is based on a wide variety of factors. The following is just a sample of some of the considerations to be taken into account: The severity of the physical and emotional injuries suffered; whether the injuries suffered are permanent; the amount of the case related medical bills and past lost wages; whether and to what extent the injured party will require future medical care; whether and to what extent there will likely be future lost wages or future loss of earning capacity; and whether there is any permanent disfiguring scarring; how quality of life and relations with loved ones has been impaired. In addition, an evaluation of the strength of the legal claim against the defendant(s), whether liability is clear or likely to be highly contested, must be conducted. Factors such as whether the defendant is an individual or a business or corporate entity, as well as the amount of insurance coverage, must also be considered.
8. HELP — BY HAVING A SKILLED ATTORNEY WITH YEARS OF EXPERIENCE IN DEALING WITH INSURANCE COMPANIES ACT AS A NEGOTIATOR ON YOUR BEHALF TO MAXIMIZE THE SETTLEMENT VALUE OF YOUR CASE
Remember, the insurance company that is evaluating whether to pay your claim, and in what amount, considers who the injury party has for an attorney or legal counsel. Is an injured party’s attorney a jack of all trades type who handles criminal cases, divorce, and real estate as well as personal injury claims, or one whose practice is exclusively limited to personal injury cases? Does the negotiating attorney have a track record of success both in and out of the courtroom in handling personal injury claims? Does the attorney have a solid reputation in the legal community?
Families who have suffered through personal injuries understand the importance of hiring a law firm that practices 100% on personal injury cases. We have been doing personal injury and only personal injury for about 25 yrs. Our expertise is your advantage!
9. HELP — IN CIRCUMSTANCES WHERE A LAWSUIT IS ADVISABLE AGAINST THE RESPONSIBLE PARTY, HAVING AN ATTORNEY WHO WILL ADVANCE ON YOUR BEHALF ALL EXPENSES AND COSTS OF LITIGATION
Unfortunately, lawsuits can be expensive. Apart from things such as standard filing fees and stenographer costs for depositions, there can be considerable expense in hiring and retaining expert witnesses, who are generally required in substantial and serious personal injury cases. Although these costs and expenses are often considerable, they usually are worthwhile because insurers who pay claims are more likely to pay a higher value in settlement if they believe that good plaintiff expert witnesses will likely cause juries to award more compensation to injured people. When attorneys take on these cases on behalf of injured persons and agree to front or advance these costs or expenses, it is of great benefit to the clients. First, some clients often do not have the money or resources to pay these expenses out of pocket. Second, it can be of great help to the injured client if the attorney takes on these expenses with no risk to the client; that is, if the attorney advances the case expenses and agrees that the attorney will only be repaid these expenses if there is a settlement or court award and money is paid on the legal claim. So, if there is no settlement or money paid to the client, the attorney has to assume the loss, not only for the value of the legal work performed but the cost of the case expenses as well. This is truly a no-risk situation for the injured party and a great benefit for injured persons who have little or no financial ability to fight with a large, financially well-equipped insurance company.
10. HELP — IN CIRCUMSTANCES WHERE A CASE CANNOT BE SETTLED OUT OF COURT, BY HAVING A SKILLED ATTORNEY WITH A TRACK RECORD OF SUCCESS PRESENT YOUR CLAIM IN COURT TO MAXIMIZE YOUR FINANCIAL COMPENSATION
For personal injury claims, if your lawyer’s experience and skill isn’t everything, it certainly is almost everything. In the same way that a surgeon, tax accountant or airplane pilot needs to know what he or she is doing, the same is true for the lawyer who represents a personal injury client in court. In this context it is not enough to have just any lawyer who is a member of the bar. What really means something and has value for the injured client is the attorney who has experience in the specific subject areas of the client’s case. Here are some examples: in a construction accident case — experience with the construction industry, OSHA rules, construction practices, equipment, etc. In a fall down case — experience with building safety codes which relate to steps, stairs, or walkways etc. In a tractor trailer accident case experience with Federal truck driver regulations, as well as the handling characteristics and mechanical features of a tractor trailer. And of course, in every personal injury case where medical issues are so important, an attorney with knowledge and experience in many of the vast areas of medicine (such as orthopedics or neurology) is invaluable.
Peter Ventura is a Worcester, Massachusetts lawyer and a former Assistant District Attorney who now exclusively handles personal injury cases and is dedicated to helping people who suffer injuries in a wide range of accidents and circumstances obtain legal compensation. Call today for a free consultation at 508‑755‑7535 or toll free at 888‑251‑7535 or you can email us if more convenient.