Some people may be hesitant about the option of receiving a personal injury claim. They may have concerns about admitting they would lose in court or getting less than what their claim is worth. However, while it is true that not every case benefits from settling out of court, the option does have its advantages. There are many reasons as to why the overwhelming majority of personal injury cases never go to court. Here is some information on when you should accept a personal injury settlement.

Negotiating a Personal Injury Settlement Takes Less Time and Money

From the time the plaintiff files a claim to the time they hear the verdict, the trial process can last for years. The time spent on the case can take even longer to conclude if the losing side chooses to appeal the decision. While it is happening, the injured person’s financial needs will not go away. They will need to continue paying out-of-pocket not only for their own needs, such as medical bills and ongoing treatment but also for a range of legal fees.

On the other hand, the average time to settle a personal injury case is significantly shorter. The only time the plaintiff and their lawyer would need is time to negotiate with the defendant. It may not be immediate – and it should not be, or they may receive much less than what their case is worth – but it would be briefer. As a result, settling a personal injury accident claim is also far less costly for the injured party. The injured person can then use the settlement money, as well as the money they otherwise would have spent on legal fees, to cover the costs of treatment for their injury quickly.

Going to Trial is Inherently Riskier

Every personal injury case has at least some chance of concluding in favor of the plaintiff. Even seemingly certain defeats can be averted on a technicality. If this happens, the injured party would then stand to receive more than they could have from a personal injury settlement.

With that said, there is also at least some chance that the jury would not award the plaintiff any compensation. The many steps of the trial process may cause the plaintiff to appear undeserving based on any number of factors. Even if they win the case, the jury might still award the plaintiff far less in damages than they would have been given in a settlement. Sometimes, it is more advisable to accept a guaranteed payment than to risk not receiving anything.

If you or a loved one have suffered an injury, like in a slip and fall accident, you may be able to receive compensation from a personal injury settlement. However, you will want an experienced Boston lawyer on your side to advise you on whether you should settle and for how much you should settle. The attorneys at the Shapiro Legal Group know how to settle a personal injury case, as well as how to take one to court. Call us at 339-298-2300 so we can begin helping you today.

Being injured is never fun. The pain and anguish can become overwhelming at times. Fortunately for those who are injured, Massachusetts law allows for the awarding of damages to those who have suffered due to the negligence of others. But, what are the different types of personal injury damages in Massachusetts?

Actual Damages

Actual damages, in tort law, refer to the compensation awarded in response to any loss suffered by a party or parties. Generally speaking, actual damages, also known as compensatory damages, are awarded based on factors such as loss, harm, or injury suffered by the plaintiff. These damages can be broken down further into two distinct types of actual damage: economic and non-economic.

Economic Damages

Economic damages are a type of actual damage which seeks to provide compensation for any financial loss which the plaintiff may have experienced. Economic damages are usually a fixed sum of money which is used to cover various tangible expenses, such as medical bills, lost wages (both in the past and the future), any medical bills the plaintiff may face and repair costs.

Non-Economic Damages

Non-economic damages differ from economic damages in that they are not based on tangible costs. As such, there is never a fixed dollar amount placed upon non-economic damages. Non-economic damages generally cover “the pain and suffering” of the plaintiff. The reason why there is no set amount is that it is left up to the court to determine what amount of money is required to make the individual “whole again.”

Under Massachusetts law, the maximum amount of non-economic damages which can be awarded in any case is $500,000.

Punitive Damages

Punitive damages are much different from actual damages. Where actual damages seek to recoup what was lost from the plaintiff, both physically and mentally; punitive damages seek to take away from the defendant. Punitive damages seek to punish the defendant. Under Massachusetts state law, punitive damages may only be awarded in a case where the defendant’s gross negligence resulted in an individual’s death. Gross negligence can be defined as someone (either a person or a corporation) having acted with complete and total disregard for human life.

The threshold for proving that someone acted with disregard for human life is a very difficult one to achieve. As such, punitive damages are awarded rarely in the State of Massachusetts. If punitive damages are awarded, they are usually granted in addition to any actual damages.

An Experienced Personal Injury Attorney for Personal Injury Damages

If you or a loved one have suffered an injury and you feel you may be due compensation, you need an experienced lawyer on your side. At Shapiro Law, our experienced and knowledgeable team of attorneys have the know-how and skills to get you the personal injury damages you deserve.  At Shapiro Law, we deal with all of our clients on a personal level, as we know and understand the pain and suffering they are going through. Unlike other law firms, at Shapiro Law you aren’t just another case number – you are our client. Give us a call today at 339-298-2300 for a free, no-obligation consultation.

Being involved in any sort of accident can be traumatizing. While most of your wounds might heal, the time spent recovering and the memories of the accident can leave you with both short and long-term repercussions. Sure, you can seek immediate recovery for your medical expenses from the insurance of the responsible party, and you can even seek lost work pay.

But, what about the pain and suffering that has occurred as a result of your injury? Before contacting a personal injury lawyer, you might want to consider how they calculate pain and suffering.

Dealing with An Accident

Whether or not you suffered a permanent injury during your accident, there are two major ways that a personal injury lawyer will go about calculating pain and suffering. The first is the multiplier method, which would look at both past and future medical expenses, and add a direct multiplier to them.

The foundation here is figuring that your injuries are the root cause of your suffering, and multiplying that amount can at least help with your pain and suffering. Alternatively, the per diem rate would look at your daily salary from a job and multiply it by the number of days spent injured or recovering.

The Aspects of a Personal Injury

Pain and suffering go a bit deeper than just one of these two methods in most cases. Knowing this, an experienced personal injury attorney will look at all contributing factors to your accident and the pain around it. This goes beyond just damages due to pain and suffering.

In fact, your settlement should already be accounting for medical expenses and missed work. The extra payment for your suffering is an additional amount to help overcome the long-term physical and psychological damages due to your injuries and time spent recovering.

Calculating Pain and Suffering

Ultimately, an exact calculation for your pain and suffering is not something you can simply plug into a calculator. Instead, understanding that you missed personal events, were unable to enjoy your usual activities, missed out on family events, etc. can all contribute to a larger settlement for your injury.

If your injuries are permanent in nature, you may also have other factors at work to consider in the calculation. This makes hiring a skilled personal injury attorney essential.

Hiring a Dedicated Personal Injury Lawyer

Calculating pain and suffering may not be easy, but it’s important you don’t ignore your own well-being after a severe accident. Remember, insurance companies and the opposing attorneys might try to convince you that your injuries don’t justify extra compensation for your suffering.

However, you are entitled to recover these damages under the local law. With a passionate personal injury lawyer from Shapiro Law Group on your side, you can work to obtain a just recovery amount for the pains you have endured.

No amount of money can make your pain and suffering disappear, but with an experienced attorney helping you out, you can at least work to maintain your life as it was before the injury. If you or a loved one need help after suffering an injury, pick up the phone and give us a call today at 339-204-0068 for a free consultation to see how we can help.