News

On Personal Injury

Attorney Peter G. DeGelleke has handled hundreds of personal injury and wrongful death cases, including automobile accidents, slip and fall cases, medical and dental malpractice, sexual abuse and product liability. He has an outstanding track record of obtaining substantial compensation for his clients, including a settlement that was noted by the Massachusetts Lawyers Weekly as being one of the top 100 settlements of 2002.There is no charge or obligation for a consultation to evaluate whether you have a valid claim. If the case is accepted, it will be handled on a contingency fee basis, which means that you only pay a fee if money is recovered through settlement or verdict. The Supreme Judicial Court requires that the fee agreement be in writing.

Anatomy of a Personal Injury Claim

Typically the processing of an injury case occurs in this way: The attorney collects information regarding how the accident or injury occurred, and who may have legal responsibility to pay compensation as a result of their negligence. Sometimes it is necessary to hire an investigator or an expert witness to obtain evidence and evaluate liability and/or damages.
     Usually the target defendant will have some type of insurance, and a dialogue is established with an insurance adjuster. Complete documentation - including all medical bills and records, disability evaluations and proof of lost wages - is collected and forwarded to the insurer for evaluation.
     When you have either fully recovered from the injury, or the extent of any permanent impairment or disability can be finally determined, a settlement demand is formulated and presented to the insurer. There is no way to settle a case until you know the "medical end result" of your injury, because once you sign off on a settlement you can never re-open the claim, even if your condition deteriorates in the future.
     Depending on the insurer's evaluation of the liability of their insured, as well as the extent of your damages, there may be a settlement offer or a willingness to work with a mediator to try to achieve a settlement. If the case is not settled, litigation is the next step. The deadline for filing of a lawsuit in a negligence case is three years from the time you knew, or should have known, that you were injured as a result of someone's negligence. If the injury occurred to a minor, the three year period starts to run on the child's 18th birthday.
     Whether you can obtain a settlement before filing suit [or before trial if the case is already in suit] depends on many factors, including the negotiating skill of your lawyer and their understanding of how insurance companies evaluate and settle claims. Settlement potential is maximized if your attorney can convince the insurance adjuster that a jury would be likely to render a substantial plaintiff's verdict. Attorney DeGelleke has recognized expertise in facilitating substantial out-of-court settlements.
     The most common personal injury case arises from an automobile accident, and Attorney DeGelleke has written an informational brochure which his clients have found to be very helpful in understanding the complicated issues that arise regarding automobile insurance and liability; it also contains information that applies to other types of injury cases.