Frequently Asked Questions
Our goal as the personal injury lawyers at Fraser & Galanopoulos in Newton, Massachusetts is to collaborate with our clients through frequent and informative communication. As you are evaluating what to do after you or a loved one has been injured, you may have some of the following frequently asked questions:
- Do I have a personal injury case?
- When is a person or business considered negligent?
- What is the role of the insurance company?
- In a car accident, does "personal injury protection" (PIP) or "liability" insurance apply?
- If I slip and fall in a store or restaurant, is the business responsible for my medical expenses? Can I recover money damages?
We know how you feel.
To discuss your situation with an experienced personal injury attorney who understands what you are going through, call Fraser & Galanopoulos at 1-800-473-3972 or 1-617-795-0321 or email us at attorneys@fraser-lawyer.com. Your consultation is free and does not obligate you to take any action.
Do I have a personal injury case?
To be actionable under personal injury liability law, your physical or psychological injury must have been caused by the negligence or carelessness of another individual, business, or landowner. You may be legally entitled to recover money damages—including compensation for medical expenses, lost earnings, and pain and suffering—from the responsible party.
When is a person or a business considered negligent?
When people or businesses put another person at risk of injury because of their failure to use reasonable care, they are considered negligent. Someone driving drunk or violating traffic laws is considered negligent. So is a business or property owner who fails to correct dangerous conditions such as slippery surfaces or other hazards that could lead to a fall. This failure to exercise reasonable care makes these parties liable for money damages when someone is injured.
What is the role of the insurance company?
Many people and most businesses have liability insurance. When you are injured due to the fault of someone else, you have a right to file a claim against the insurance company that provides their liability insurance. Often, the cases in this claim process are settled before they reach court.
In a car accident, does "personal injury protection" (PIP) or "liability" insurance apply?
In Massachusetts, the standard PIP coverage—also known as "no fault" coverage—pays for some medical expenses and some lost wages for you, your passengers, and certain others regardless of who is at fault for the accident. Total reimbursement from PIP is limited to $8,000, and the payments for medical expenses over $2,000 are limited if you have health insurance.
Claims for damages—including pain and suffering—are brought against the negligent driver who is at fault for the accident. In this case, the negligent driver's liability insurance applies.
If I slip and fall in a store or restaurant, is the business responsible for my medical expenses? Can I recover money damages?
Most businesses have liability insurance to cover these claims if the business is found to be at fault for your injury. However, the business is only responsible if it actually caused an unreasonably dangerous condition or failed to repair, eliminate, or warn of the hazard within a reasonable time.
