General Personal Injury FAQs


How do I select the right personal injury lawyer?

You should look for an injury attorney with the most experience and the best qualifications for your needs. There are many personal injury lawyers, however very few attorneys deal almost exclusively with catastrophic injuries, medical malpractice, or wrongful death cases. When you first speak with an attorney about your case, make sure the attorney is fully qualified to take on your specific legal problem. After the initial phone conversation or E-Mail contact, you should meet with the attorney personally to make sure that you feel comfortable with the attorney and the law firm. Swartz & Swartz, P.C., offers a free initial consultation so that our potential clients can get to know us, and we can assure them that their case will be handled by an experienced trial attorney, with the resources to take on litigation involving not only individuals, but also major corporations and insurance companies.

How much is my personal injury claim worth?

This is one of the most frequently asked questions by new clients, however significant investigation is required in order to properly assess liability and damages, which will assist in providing an answer. There are many factors involved in determining the value of a given case. For example, a “medical end result” must be reached in personal injury cases before an attorney can even begin to value a case. The “medical end result” is the point in time when a medical professional determines that the injury is fully evaluated, and judgments on the past and future effects of the injury can be made. After the medical end result is reached, attorneys must look at several other factors, including the type of injury, length of treatment, permanency of the injury, length of time of disability, scarring, loss of consortium, and any lost wages due to the injury. Swartz & Swartz, P.C. evaluates all such factors, to ensure that our clients understand the damages portion of their claims.

How long will my personal injury claim take?

An experienced lawyer will be able to tell you the approximate time frame for resolution of your case. A “medical end result” should be reached, when possible, before beginning the negotiation process. A medical end result is determined by a medical professional, and is the point in time when additional medical care is no longer expected to achieve significant improvement. This permits an evaluation to be performed, taking into consideration past and future effects of the injuries. After the medical end result has been reached, the length of the case may vary depending on the complexity of the case, though it is not unnatural for litigation, especially complex cases with serious personal injuries, to take several years to pursue. At Swartz & Swartz, P.C., we provide a free consultation, when we can offer insight into the time it will take to pursue your particular legal claim.

How much experience does Swartz & Swartz, P.C. have in handling personal injury cases?

The attorneys at Swartz & Swartz, P.C. collectively have many decades of litigation experience involving personal injury claims. Our scores of record setting cases have earned us a national reputation as among the best personal injury attorneys in New England, and across the United States. Our attorneys are highly respected in the field of personal injury law, earning recognitions such as Lawyers Weekly’s “Massachusetts Lawyer of the Year,” US News’ “Best Lawyers, Best Law Firms,” “AV Best Peer Review” rating from Martindale- Hubbell, and many others. Swartz & Swartz, P.C. has substantial experience in civil litigation, including personal injury, wrongful death and medical malpractice cases.

What if I do not want to take my case to court?

Clients work with their attorneys to determine the best course of action to achieve the best result possible, whether by settlement or going to trial. The attorneys at Swartz & Swartz, P.C. can advise you regarding what they believe to be the most beneficial course of action for you. At the free initial consultation that we have with our clients, we can provide advice on what options might be best for each particular situation.

In what areas of law does Swartz & Swartz, P.C. have experience?

The attorneys at Swartz & Swartz, P.C. handle many types of personal injury cases for our injured clients, including litigation involving burn injuries, brain injuries, car accidents, medical malpractice, wrongful death and other catastrophic injuries. Some of our major successes have been in the following practice areas:
  • Fire, explosion, and electrocution injuries
  • Automotive defect injuries
  • Toys and recreational product- related injuries
  • Medical malpractice
  • Product- related injuries
  • Construction and workplace injuries
  • Catastrophic injury or death
If you feel that you or a loved one has suffered any personal injury due to someone else's negligence, please contact Swartz & Swartz, P.C. for a free consultation.

What is a personal injury?

A personal injury is a legal term which means any injury—physical, mental or emotional—to a person which was caused by someone’s negligence. Legal disputes involving personal injuries arise when one party is injured in an accident, and someone else—an individual, corporation, or other entity—is responsible for that injury. Personal injury cases can be resolved prior to filing suit, during the course of litigation after a lawsuit is filed, or by going to trial. At trial, a jury determines the outcome after the litigants present their cases.

What is negligence?

Negligence is the failure of an individual or entity (such as a corporation) to act in a way that a reasonably prudent person would behave under the same circumstances. Plaintiffs in civil cases have the burden of proof to show that a defendant breached the applicable standard of care (negligence), and that he or she suffered damages as a result. If an injury occurs due to the negligence of someone else, the injured person can recover damages to compensate for his or her injury. Swartz & Swartz, P.C. handles many types of cases involving personal injury arising from negligence of a third party. If you or a loved one has been injured due to someone’s negligence, please contact the personal injury attorneys at Swartz & Swartz, P.C.

How long do I have to pursue my personal injury claim?

Each state has a “statute of limitations,” which is the period of time allotted for pursuing a remedy after a wrongful act. If the “statute of limitations” passes, the person loses his or her right to file a claim seeking damages, unless an exception applies. For most personal injury cases in Massachusetts, the statute of limitations is three years, that is, the injured person must file a suit against the responsible person or company before expiration of the three year period. Failure to do so may result in the claims being forever barred. There may also be shorter time periods involved to pursue justice, including notice requirements that can be as short as thirty days, or as long as two years. Moreover, sometimes the “discovery rule” may apply, which means that the injured person has a reasonable length of time to discover an injury, or what may have caused the injury, after the actions that caused the injury occurred. Regardless of your situation, it is critically important that you contact a civil litigation attorney immediately to confirm the time frame in which a suit must be filed, and to take steps to protect your rights, including preservation of evidence. If you or a loved one has been injured, please contact Swartz & Swartz, P.C. for a free consultation, including advice regarding the statutory period applicable to your specific claims, since different considerations apply to each individual case.

What is a wrongful death case?

Wrongful death cases are brought on behalf of the deceased party by the decedent’s beneficiaries, one or more of whom are appointed as executor or administrator of the estate. Beneficiaries such as a spouse, parent or child, may be entitled to receive monetary compensation for the death of their loved one. The beneficiaries must allege that the death of their loved one was caused by the negligent act of another person or company. We understand that no wrongful death settlement or verdict can compensate for the loss of a family member but we, at Swartz & Swartz, P.C., will make sure your rights are protected, and provide you with the legal support you need during a difficult and emotional time.

What can cause a wrongful death?

The circumstances that lead to wrongful death can be varied, including such incidents as drowning in pools, oceans or other bodies of water; car, aircraft and other transportation accidents; medical malpractice including negligent medical care and treatment by doctors and hospitals; gas and electrical explosions or fires; construction and workplace accidents; nursing home abuse; product liability involving defective consumer or commercial products; and incidents relating to recreational vehicles such as ATVs and boats. At Swartz & Swartz, P.C. we have decades of experience helping families who have lost loved ones due to another’s negligence. If a loved one has died due to someone else’s negligence, please contact the wrongful death lawyers at Swartz & Swartz, P.C.

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