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Steven Sabra, Matt Aspden and staff Personal Injury Lawyers Fall River, Somerset, and Swansea MA

Common Questions

Frequently Asked Questions By Our Clients.

Personal Injury Questions:

It’s difficult to assess the worth of your injury claim without first conducting your free consultation. Several factors are at play, including the details of your case, past medical bills, lost wages, future medical bills, pain and suffering incurred, and any potential loss of earning capacity. Regardless, we will fight to get you the return you deserve.
This will depend on whether your case goes to trial. Cases that don’t go to trial can be resolved within a few months, whereas if a trial is inevitable, your case can take years to complete.
You should contact a personal injury lawyer as soon as possible, following the accident. There is a short period (statute of limitations) for victims to file an injury claim. Your attorney will ensure your claim is filed on time.
You should never sign anything, following an accident, without the advice of your personal injury lawyer.

Motor Vehicle Accident Questions:

Yes, it’s important that you do talk to the police, to get your side on record. However, be sure to stick to the facts. Never take the blame for the accident, and avoid accusations. State the facts for the record, so that these facts can be used later on.
Despite being an extremely stressful time, it’s important that you adhere to certain guidelines following an accident. This includes calling an ambulance if there are injuries, moving your car out of the lane of traffic (if possible), calling police, collecting the names and contact information of any witnesses and others involved in the accident, and taking photographs of the scene (including skid marks, damage, injuries and road obstructions).
We recommend that you promptly contact your insurance company following an accident, but again, avoid taking (or assigning) blame. Do not, however, have any communication with any other insurance company. Allow your motor vehicle accident lawyer to discuss matters with the other insurance company involved. Even if they call you directly, forward them to your lawyer.
Although you were directly involved in the accident, you are not the best judge of assessing fault or blame. You should never accept or assign blame, as that can be used against you in the future. A thorough investigation conducted by the police, and your lawyer, will determine the real cause.

Worker’s Compensation Questions:

Nearly every single business must have worker’s comp insurance. Farming businesses are one of the more prominent exceptions, or if you’re the only employee of your business.
Worker’s comp was created, in part, to ensure payment for medical treatment and lost wages following an accident. It serves as a compromise for both parties. You have the surety of recovering your claim, while your employer can’t raise legal defenses to defeat your claim (as he could if the claim was a lawsuit).
The final decider is typically the worker’s comp insurer. Your employer may dispute a claim (often times if it’s believed the injury was not work-related). However, the final say is typically in the hands of the insurer.
Employees are still protected if a carrier goes out of business or files for bankruptcy.

Criminal Defense Questions:

No charge is minor. Convictions, even for misdemeanors, can damage your future. Always take the time to speak to a lawyer to learn about your options.
The simple answer is – immediately. Even if you haven’t been arrested, and are only a “person of interest,” the sooner you have a lawyer on your side, the more time he or she will have to learn about your case and prepare a solid defense. Remember, you’re never required to speak to police without your lawyer present.
Plea bargains are not in the best interest of many people. Even if pleading guilty is your best option, a criminal defense lawyer may be able to fight for a lesser charge or sentence. Invoke your right to legal counsel and allow a lawyer to fight for your freedom.
This is a far-more common scenario than people realize. Police often use questionable tactics to obtain a confession. If you believe you were coerced into confessing, a criminal defense lawyer can help. It’s imperative you contact your lawyer before any plea deal or jury conviction.

Wrongful Death Questions:

Family members of the deceased can file a lawsuit. This includes parents, spouse, children (including adopted and step-children) and siblings.
Generally speaking, any death that was caused by negligence or reckless and unlawful conduct can lead to a lawsuit. The most common causes are automobile accidents, accidents on a construction site, exposure to toxic substances, defective products, or death as a result of an egregious illegal act, including robberies.
As part of your wrongful death lawsuit, you’re entitled to financial compensation for lost earnings, financial support, funeral/burial costs, compensation for loss of love, benefits each surviving heir might have reasonably been expected to receive, and more.
The family (or heirs) of the deceased must prove that the death was caused by negligence or unlawful conduct at the hands of another individual or entity.

Dealing With Insurance Companies:

What you have to realize is that insurance companies aren’t in the business of paying out claims. If they were, they’d be out of business. Insurance companies will pay the least amount possible (and often nothing at all) if they believe they’ll get away with it.
Bad faith occurs when a provider violates a portion of the covenant that all companies should operate on good faith and fair dealings. Examples of this include failing to offer a settlement, offering a settlement that’s less than the rightful amount, denying coverage, failing to respond promptly, and requiring excessive documentation.
If you choose to take on the companies on your own, chances are the process will take much longer than you wish. Work with a trusted attorney who knows the laws and will hold the companies responsible for their duties to you.

Is There a Fee Involved?

At Sabra & Aspden, we abide by the contingency fee agreement, meaning we will not receive a payment unless we’re successful with your claim. This allows even the most economically struggling individuals to have a voice against other individuals or larger entities. This type of agreement also gives our client the peace of mind that their lawyers are providing their best efforts for the case.

Do I Have a Case?

This is, perhaps, the most common question we’re asked. If we could provide you an instant answer, then we would. However, we cannot truly assess the merit of your case without a consultation. Because a consult is required to assess your case, we offer a free initial consultation. This will give you the opportunity to learn about the merits of your case, and decide whether you’d like us to represent you.

In most instances, clients who walk through our door have a case worth fighting for. At Sabra & Aspden we’re always up for the challenge.