Rosencranz & Associates
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Rosencranz & Associates
Dana Rosencranz

One Center Plaza, Suite 220
Boston MA 02108
(617) 523-6900

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What do you do if you have been involved in an automobile accident?

After an automobile accident, if you are able to do so, you should:

  1. Make sure to exchange information with the other driver, even if you know or think the other driver is at fault. You should make certain you get the other driver's name, address, telephone number, driver's license number plate/registration number and the name of the other driver's insurance company. If the other driver is being difficult about exchanging information, simply get the plate/registration number and the make and model of the car and call the local police. It is not worth your time or aggravation to deal with the other driver.
  2. Make a note of all the passengers, try to get their name, address and telephone number;
  3. Try to get the name, address and telephone number of any witnesses who saw the accident; and
  4. Try to get the name of the owner of the vehicle, if the driver is not the owner.

What do I do if I have been injured in an automobile accident?

The first thing you should do is GO SEE A DOCTOR. If you think that you have sustained an injury as a result of an automobile accident you should go seek medical treatment immediately. Whether you eventually pursue a claim against the party that you believed caused the accident is irrelevant. Your most important concern should be your health and welfare. The worst thing to do is to say, "maybe if I just rest for a few days the pain will go away". Go see a doctor, let the doctor know that you have been involved in an automobile accident and follow his/her instructions.

How do I know if my claim is worth pursuing?

As a general rule, when a person is injured and this injury is caused by the carelessness or negligence of another party, the injured party may pursue a claim against the "at fault" party. Also, the injured person's spouse may also have a claim for loss of consortium against the "at fault" party and, in the event of death, the decedents legal heirs may have a valid claim against the "at fault" party for wrongful death.

In Massachusetts, an individual is able to seek to recover damages for pain and suffering against the operator(s) and/or owner(s) of the other automobiles involved in the accident when one of the following thresholds are met:

  1. Death;
  2. Whole or partial loss of a body member;
  3. Whole or partial permanent disfigurement;
  4. A fractured bone;
  5. Loss of a sense (hearing, sight, smell etc); OR
  6. The reasonable and necessary medical expenses equal or exceed $2,000.00.

If you still can not determine whether your claim is worth pursuing you can always contact us at The Law by filling out and submitting the "Automobile Accident" form or by contacting another local attorney and describing you situation to him/her. Please do not be disappointed or discouraged if the first or second attorney you speak to does not wish to represent you in your claim. This does not necessarily mean you do not have a valid claim. An attorney's decision not to represent you may be based on a number of different factors and the majority factor may not be the merits of your claim.

When do I need an attorney to represent me in my automobile accident claim?

In our experience, the earlier you contact an attorney regarding your concerns surrounding your automobile accident, the better off you will be in the long run. Why? Well, for a number of reasons and we will only touch upon a few. First, it can act as a sounding board for whether you have a claim that is worth pursuing. If you have gone to fifteen different attorneys and none of them wish to represent you, there may be a reason that you are overlooking. Second, once you have an attorney representing you, you may turn your focus over to getting better and concentrating on your medical treatment. All insurance company communications should be directed trough your attorney. Once you have hired an attorney you should no longer be speaking to the insurance companies and they should no longer be contacting you. Also, an experienced personal injury attorney will be able to present your to the insurance company in such a manner that will maximize your claim's value.

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