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Personal Injury Claims: Guide for Gathering Evidence After an Accident

5/6/2017

 
Evidence can be a critical part of every personal injury case. Just about every injury event presents a limited window of opportunity for collecting important types of evidence. As long as you have not sustained debilitating injuries, there is no better time to gather evidence for your personal injury claim than at the scene - that is when the evidence is fresh, and most accessible. Once that window closes, evidence to support your personal injury claim becomes more difficult to come by. As Boston car accident attorneys, the lawyers at Siskind Law recommend you take the following steps at the scene of your accident.

a. Take Photographs at the Scene After a Personal Injury Accident

Do your best to take photos with your cell phone at the time of the incident. Car accidents, slip & falls, work accidents, and dog bite attacks all present opportunities to preserve photographic evidence at the time of the injury.

Photos at the scene of personal injury accidents should include:

  • Abrasions, lacerations, or contusions to your body
  • Damaged clothes, especially if bloodied and torn
  • The incident scene and surrounding area
  • What caused your injury

Photograph your injuries as close to the time of the personal injury accident as possible. These images can be very graphic and persuasive to an insurance adjuster or jury during your personal injury case. Also photograph your injuries several hours and days after the incident, and as your treatment progresses. It can take time for bruises and swelling to develop.

  • Traffic Accidents: Taking photos is critical after a car accident. Photographs of the scene are very strong evidence in personal injury cases, regardless of whether it's a car, truck, motorcycle, or bicycle collision.
  • Slip & Fall Injuries: Visual evidence is also important in slip & fall cases. Photograph the substance or hazardous condition which contributed to your fall, and take wider shots of the area around it. Also ask management to complete an incident report, and request a copy for your records.
  • Defective Product Injuries: Photos of a defective product are very important in personal injury cases. Try not to move or change the product's appearance at all. If you still have it, save the packaging. Also keep the purchase receipt, warranty and instruction manuals. If you were burned by a product, keep the clothing you were wearing at the time, especially if a piece of it was burned.

b. Write Down Witness Information and Statements

Witness statements can be powerful evidence during personal injury cases. Independent, third-party witnesses have no personal or financial interest in your accident claim. For that reason, their statements are taken seriously by an insurance claims adjuster. The adjuster knows that if the claim ends up in court, an independent witness' testimony for a victim can work against the insurance company.

Witnesses can also provide evidence you may have overlooked at the time of the injury. For example, a witness might say she overheard the at-fault driver say he didn't see you, or was texting right before the accident. Information like this, provided by independent witnesses, can be quite influential in your claim.

After a slip & fall injury in a store, employees will often hurry to clean up the spill. A witness may be able to confirm the substance was actually there. Another may say she previously reported the spill to management, but they ignored her. One of them may also be able to confirm he/she saw you in severe pain right after the injury.

You must gather witnesses' information quickly, before they leave the scene. If you don't have detailed contact information, they will be much harder to track down for help in your personal injury case. And if you wait too long, their memories of the incident may fade.

c. Return to the Scene of the Personal Injury Accident

As soon as possible after the accident, return to the scene. You might be surprised to see something you may not have seen originally. With auto accidents, there might be some broken car parts, skid marks, or other evidence that contributed to the accident, but was overlooked at the time of the collision.

Take some additional photographs - you can never have too many photos in a personal injury case. The first few days immediately following an accident is often when you uncover evidence you may have missed at the actual time of the injury.

d. Provide the evidence to Siskind Law

Once we receive the gathered evidence via CD, memory stick, written format, or email, we immediately upload it into our electronic client database to ensure that it is safe and secure for future use in your personal injury case.

Contact Siskind Law if you have any questions about the importance evidence plays in your personal injury case.

Workers' Comp Questions: Answers to FAQs for Injured Workers in Massachusetts

5/6/2017

 
If you have been injured on the job it is important to know details about your rights to workers' compensation benefits. Siskind Law is a Brockton based personal injury law firm with expertise that can help injured workers in Massachusetts recover maximum compensation. Below are the top 10 frequently asked questions from the Massachusetts Department of Labor and Workforce Development about workers' compensation claims. For additional clarification, please contact Siskind Law.

1. After I am injured on the job how long does the insurance company have to start sending me my workers' comp checks?

When you have been unable to earn full wages for five (5) or more full or partial calendar days due to an injury on the job, your employer has seven (7) days, not including Sundays and legal holidays, from the fifth date of loss, to report the injury to its insurance company. The insurance company then has 14 calendar days from receipt of the first report of injury to mail you a check or, if it intends to contest the claim, to send you a form stating its reasons for denying compensation.

2. I don't know the name of my employer's workers' compensation insurance company. What do I do?

Ask your employer. They are required by law to have a Notice To Employees poster displayed somewhere in the workplace, providing you with that information. Also, if you have been injured, and have been unable to earn full wages for five (5) or more full or partial calendar days, your employer must report your injury to their insurance company and to the DIA. They are required to give you a copy of this report, which contains the name and address of the insurer.

You can also find the name of the insurance company by using the “Workers' Compensation Proof of Coverage and Verification Search” web tool which is located on the DIA website.

3. If I am injured on the job and have to go to the hospital for treatment, does my employer have to pay me for the entire day?

The only requirement under state law is that your employer needs to pay you for the hours you actually worked. If your employer does pay you for just the hours you worked, then the day you were injured would be considered the first day of disability. If your employer paid you for the entire day, or shift, then the next day would be considered the first day of disability.

4. The insurance company sent me a notice about having their doctor examine me. If I go, do they have to reimburse me for lost wages?

You are compensated for lost work time only if you are going for a medical evaluation at the insurer's request and the appointment conflicts with your normal, scheduled working hours.

5. My employer's insurance company wants me to be examined by another doctor in addition to my own. Is that routine or standard?

It is a standard operating procedure for your employer's workers' compensation carrier to send you to a doctor of their choosing for an examination.

6. Am I required to have another exam in addition to the one conducted by my own doctor, if the insurance company wants me to have one?
        
Yes, otherwise your benefits can be terminated.

7. I was hurt at work, and my employer does not have worker's compensation insurance. Can I get workers' compensation benefits? Can I sue my employer?

A Special Trust Fund has been set up to pay workers' comp benefits for those employees who are injured working for companies that do not have workers' compensation insurance.

8. I was injured working out of state, but I was hired originally here in Massachusetts; what state should I file a claim in?

In Massachusetts, it is settled law that either the place of injury or the place of hire will confer jurisdiction.

9. I have a scar and a permanent loss of function due to a work-related injury. Do I get any additional compensation for this?

Yes, under MGL c. 152, §36, you are entitled to a one-time payment for certain scars on the hand, neck or face, and permanent loss of function. Compensation can be recovered between nine months and a (1) year from the date of injury.

10. I was injured on the job, and I'm getting weekly checks. My employer has terminated me; are they allowed to do this?

Unless your union contract, or individual contract of hire, requires it, an employer does not have to hold your job open while you are unable to work due to an industrial accident. But, MGL c. 152, §75 of the workers' compensation law does require employers to give preferential treatment in the rehiring of injured workers when they are ready to return to work.

Be sure to work with an experienced workers' compensation attorney if you believe you are not getting fair compensation. Contact Siskind Law for a free evaluation of your case.

What Should You Do After a Car Accident?

10/8/2016

19 Comments

 
A car accident is an extremely traumatic event and can happen to even the safest of drivers. If you are involved in an accident, it is very important to document pertinent information at the scene and to know what actions to take thereafter. However, this can be extremely challenging to do after an accident in the event you are anxious and/or injured.

The accident is only the beginning of the process and the situation becomes more complicated once insurance companies get involved.

If you are injured in a car accident, you may be entitled to receive financial compensation. It is therefore critical that you take the right steps to protect your interests. Examples of information that should be recorded at the accident scene include:

  • Date, time, and location of the car accident
  • Make, model, and license plate numbers of vehicles involved in the car accident
  • Contact information for people involved in the car accident, as well as any witnesses

Download the
Car Accident Information Booklet to help you record pertinent information at the accident scene.
Car Accident Information Booklet
Also, be sure to check out our Car Accident Checklist and keep it in your vehicle to make sure you take the right actions following a car accident.

If you have been injured in a car an accident 
contact the law offices of Siskind Law – we have the experience and expertise to get you results.
19 Comments

What To Do If You're Involved In A Car Accident?

5/22/2016

3 Comments

 
Here is a checklist of important steps to take if you are involved in an car accident:

1. Call 911 Immediately
  • Leave your car where it is until police arrive unless it is hazardous to do so.
2. Take Photos and Video
  • Document cars and accident scene.
3. Identify Any Witnesses
  • Get names(s), address(es) and phone number(s).
4. Write Down Crucial Information
  • From other driver's license:​​​
    • Name
    • Address
    • Phone number
    • License number
    • Date of birth
  • From vehicle registration:
    • License plate number
    • Year, make and model of car
    • Insurance company name
5. Injured? Go to An Emergency Room Right Away
  • Or contact your doctor to make an appointment
6. Contact Siskind Law to Protect Your Rights
  • Call Siskind Law (508-588-5015) before you speak with anyone from an insurance company or submit anything in writing
7. Take Photos of Any Visible Injuries
8. Complete Required Operator's Report
  • At Siskind Law we take care of this report for you
9. Report the Accident to Your Insurance Agent​
10. Keep All Letters Received From Insurance Companies
  • DO NOT fill out any documents. Siskind Law will take care of this for you.
Download The Car Accident Checklist
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Siskind Law LLC
360 Belmont Street
​Brockton, MA 02301

Phone/Text: (508) 588-5015
  • Home
  • About Siskind Law
  • Personal Injury Services
  • Cases We Handle
    • Work Accident
    • Car Accident
    • Medical Malpractice
    • Bicycle Accident
    • Dog Bites and Related Injuries
    • Motorcycle Accident
    • ​Defective Product Liability Claims
    • Slip and Fall Claims
  • Testimonials
  • Personal Injury Tips
  • Contact Us