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Tag: accidents

Insurance Claims

WHY DO PERSONAL INJURY INSURANCE CLAIMS TAKE SO LONG?

It can take a long time for an injury claim to crawl through the insurance claims handling process.  The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Why does it take so long? Medical Review After documentation of […]

He said She said but who is credible?

HE SAID SHE SAID CASES – EVIDENCE & CREDIBILITY

He said she said.  People label disputes this way, questioning how cases like this can ever resolve. But, there’s more to it.  The question overlooks the reality of court testimony.  Courts highly value testimony. Testimony is Evidence in He Said She Said What witnesses say under oath is evidence.  Under scrutiny of cross-examination, the […]

Medical Malpractice & Proof Required

PERSONAL INJURY: MEDICAL MALPRACTICE

Medical malpractice law comes right out and states that there is no cause of action simply for a bad result or a bad judgment by a medical provider. Medical Malpractice Legal Elements Medical malpractice requires establishing three essential elements: [1] What the average standard of care would have required in […]

Liability is not "guilt"

PERSONAL INJURY: Liability – No “Guilt” or “Innocence”

“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level.  Even in an accident caused, allegedly, by a person running a red light, the light runner is not […]

Initial Consultation

Initial Consultation: Personal Injury

Initial Consultation with most personal injury attorneys is free.  So, optimize this opportunity to make the most of your time.  Here’s how: Call ahead.  Make an Appointment Some attorneys accept “walk in” clients.  But, the more experienced attorney you want to see may or may not be there and you may […]

Deposition

Depositions: How To Behave

Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate.  No brainer.  But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The […]

Mediation & Arbitration

PERSONAL INJURY: Mediation & Arbitration

  One of the more frustrating things about any case is the amount of time it can take.  Mediation and arbitration present an efficient and relatively inexpensive way to resolve many civil disputes.  Sometimes called ‘alternative dispute resolution’ or ADR, mediation and arbitration can speed things up. Mediation In mediation, […]

Preexisting Injuries

PERSONAL INJURY “Eggshell Skull Doctrine”

  The “eggshell skull doctrine” is a time-honored legal concept.  It explains what happens when a person with a preexisting medical condition is injured in an accident. In an actual case a person suffered a rare genetic condition in which their skull was as thin and brittle as an eggshell. […]

Class Action Lawsuits

PERSONAL INJURY: Class Action Lawsuits

Class action lawsuits bring together a number of people all claiming damages resulting from the same or similar wrongs.  Defective products and medication exemplify class action cases.  Claims by many join to create a class action. Defective birth control devices linked to cervical cancer formed the basis of one class […]

negligence without liability

PERSONAL INJURY: Res Ipsa Loquiter

The concept of “Res Ipsa Loquiter” lives on today, even though courts and lawyers in general tend to use Latin less often now than in previous decades. It translates into “the thing speaks for itself.”  This legal doctrine holds that one is presumed to be negligent if he, she or […]



Attorney Myers is a member of the American Trial Lawyers Association, Massachusetts Academy of Trial Lawyers, and New Hampshire Trial Lawyers Association. The Law Offices of Andrew D. Myers offer a broad range of legal services in personal injury cases in Massachusetts (MA) and New Hampshire (NH) areas.

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