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Do you have a personal injury claim?

One of the most common questions asked regarding personal injury law is:  do I have a case?  Most likely, the answer is Yes.  If you have been injured or harmed through the negligence of another party or product, you have grounds to explore an insurance claim or, potentially, a lawsuit.  The following represents instances that you may have a personal injury claim:

  1. You have suffered physical injury in a car accident, motorcycle accident, bike accident, slip and fall accident or as a pedestrian.  The injury could be serious, involving a permanent disability, leading to a lifetime of pain and overwhelming medical bills, or as minor as a back ache requiring only a few weeks of physical therapy.
  2. It isn’t clear which party is at fault.  Be prepared to be blamed by the other party’s insurance company, but just because you might have been partly at fault for an accident, you can still collect on a personal injury claim.
  3. You are involved in a hit and run accident.  Even if you can’t identify the identity of the party that hit you or caused your injuries, you can still file an insurance claim and collect for your out of pocket medical bills, injuries, pain and suffering.
  4. You’ve been hit on a bike or as a pedestrian, but you don’t have car insurance.  Even if you don’t have car insurance you can file a claim against the other parties insurance company to recover for your injuries.
  5. Your insurance company has delayed or is denying your claim.  Insurance companies count on the fact that most people do not understand the complicated ins and outs of personal injury law, making it easy to deny a claim, or to delay it with the hope that people will give up.  Fading hope opens the door for the insurance company to then offer only a fraction of the money you’re entitled to.

At Cohen and Lucyniak, we put our clients first.  We meticulously gather information to provide you with sound, fruitful legal advice that will lead to a successful – and happy – outcome.

Elements of a Personal Injury Claim

Once it’s been established that you have a personal injury case, you must go beyond showing that you’ve suffered an injury or loss – you must prove that the negligence led to personal harm.  Our Boston personal injury lawyers understand the elements of a personal injury claim, and will guide you in ensuring all elements are met, including:

  • Proving Duty of Care: Duty of Care means that a business or individual must provide for the safety of its customers / clients while on the premises. A retail store, for example, must monitor for slick floors, obstructions in aisles and stability of shelving in order to keep customers safe.  Healthcare professionals also have a Duty of Care responsibility. The question asked here is:  has proof of Duty of Care been established?
  • Proving a Breach of Duty: Once Duty of Care has been established, the next step is proving failure to live up to that Duty of Care.  Were health or safety guidelines ignored?
  • Proving Cause: Another critical piece in your personal injury case is establishing cause.  This means that you must prove that the Breach of Duty caused your injury.
  • Time Limit (Statute of Limitations): In the state of Massachusetts, the time limit – or Statute of Limitations – you have to file a personal injury case is three years.  This means that from the date of your accident or injury, you have three years to initiate legal proceedings.

Filing a personal injury claim may seem overwhelming – but rest assured, the attorneys at Cohen and Lucyniak know exactly what to do and exactly how to do it.  We are here to listen to you, to educate you about how the laws relate to your specific case, and ultimately, to vigorously advocate for your rights and for justice to be served.

First Steps: What you can do to strengthen your case

Now that you have a better understanding of the elements of a personal injury claim, it’s time to gather all the essential – even critical – information to prove your claim has merit. The most important steps in gathering this information are listed below.

  1. Seek Medical Attention Immediately and Continuously.  This goes without saying.  Go to the doctor at the first indication of pain, and continue treatment regularly until you feel better. The more consistent your treatment history, the more valuable your case. 
  2. Take Notes.   Don’t assume that you will accurately remember the details of how your injury or accident happened.  Even under the best circumstances, our memories become muddled as time goes on.  Writing down the details as soon as possible will help preserve the accuracy of the events before, during and after your injury occurred. Even if you think it is a small, irrelevant detail, write it down.  Our attorneys have experience in helping to organize your information – which also helps in knowing if there’s something missing, as well.
  3. Preserve Evidence.  Return to the scene of your injury as soon as you are able.  Take photos from different angles at the same time of day as your injury occurred.  Make sure the photos are clear and have timestamps.  It is also imperative to take photos of your injuries when they first occur.  Our bodies are wondrous at healing as time goes on, so the injuries you sustained may not be physically present by the time you file a personal injury claim.  It is also a good idea to obtain a copy of the police report, if they were called to the scene.  You may also be able to discover witnesses who observed the circumstances leading up to your injury.
  4. Obtain Your Medical Records. One of the reasons for filing a personal injury claim is because of the medical costs associated with the post-injury treatment you’ve already received, as well as the estimated costs of future medical treatments.  That’s why you need to have a copy of your medical records – not only do they provide the information necessary to prove your injury is real, but they also provide a line-item list of the costs associated with treating that injury.  Furthermore, they contain dates and appointment times, which boost your credibility in proving timeliness of treatment.

Taking these first steps will help us complete the puzzle surrounding your personal injury claim.  At Cohen & Lucyniak, our experienced Boston attorneys and staff will expertly help you discover any missing pieces, thus putting you on your way to a successful outcome.

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