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Tag: injury

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 […]

Accidents, Distractions & Texting

Accidents Don’t “Just Happen”

Accidents happen for a reason.  Calling the collision of two cars “just an accident”, or shrugging it off as “not intentional” misses the point of civil liability. Looking down to text, rolling through the light instead of stopping, and tailgating the car in front so closely that it’s impossible to […]

accident lawsuit

PERSONAL INJURY – Rules of Evidence

Evidence never gets into court without passing the rules of evidence. Courts admit evidence only when it complies with rules, statutes and case law comprising evidence law.  Winning a case requires mastery of the rules of evidence. Rules vary from state to state and even from court to court.  One reason to have a lawyer, among others, is […]

Don't Do It Yourself in Court

PERSONAL INJURY: Do-It-Yourself Follies

Do-it-yourself in court and you may be in for a shock. Even a fool wouldn’t perform their own dental work with a handy man’s drill. Yet, every day, people represent themselves in court, often with disastrous results. Especially in personal injury claims. Here’s an actual case: “Buyers”, we’ll call them, […]

How HIPAA protects Medical Records

HIPAA: Authorizing Release of Medical Records & Personal Injury

Confidentiality exists between you and your medical providers.  This prohibits release of medical records without proper authorization.  The Health Insurance Portability and Accountability Act, usually referred to as “HIPAA”, places certain restrictions upon and guidelines for the release of medical information. Releasing Private Medical Records Under the privilege protecting medical […]

Contingent fee agreements do not apply to all cases

Contingent Fee Agreements

Contingent fee agreements allow those who have sustained an injury to retain an attorney to pursue their case with no initial payment and no monthly legal bills.  Instead, the attorney gets a percentage in the end. While there has been some controversy about this arrangement in the past, and some […]

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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.

The information on this web site is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. This web site must be labeled advertisement in some jurisdictions.