Personal injury claims can be created when a person is injured in an incident by a person or group that acts negligently or recklessly, often while violating the law in some manner. If you were hurt in an accident caused by someone else’s actions or even targeted by violence, you may have a personal injury claim.Common personal injury accidents include auto accidents, slip-and-falls, dog bites, medical malpractice and being harmed by a defective product. It may be obvious that your incident allows for a personal injury claim, or you may not be fully aware of whether it qualifies. Speaking with an attorney and collecting evidence concerning the incident will help you to better determine if you have a claim.
Once you believe that you have a claim, do not wait to begin taking action. The sooner you start to form a case, the better your chances are of success. Get in touch with an attorney and decide on a course of action for your case. Additionally, collect evidence from the scene of the incident, get in touch with people who witnessed your injury and undergo a medical examination if you have not done so already.All of these pieces combined can create a strong and successful case that proves who injured you, how you were injured and what compensation you should receive. Knowing what to collect, how to present the evidence and how to deal with at-fault parties and their insurance providers is one of the many perks of working with a skilled attorney.
One of the most difficult losses that results from a serious injury is the cost of medical care. If you have been injured by someone else or an organization, you can hold them responsible for the incident and the injuries you have suffered. Success in your case means that you will receive compensation, which pays for many different types of losses, including past and future medical bills.The cost of hospital stays, surgeries, medical evaluations, medication, rehabilitation and any other medical care that resulted from the injuries or illnesses caused by the at-fault party can be paid for by your compensation. Get in touch with an attorney at the Kiley Law Group to better understand what may be eligible for compensation in your case and how much you will need in order to properly cope with your losses.
A personal injury case will seek compensation from the at-fault party for all losses that came from an injury. That includes any lost wages that resulted from being temporarily unable to work or unable to work ever again due to permanent disabilities. Proving how much you lost and how your ability to work has been impacted can result in full and fair compensation.In the event that you were injured while on the job, you can seek workers’ compensation benefits, which include the wages you have lost while unable to work. This will be paid by your employer and his or her insurance provider, easing the hardship of not being able to support yourself due to injury or illness.With the help of an attorney, you can understand who should be held responsible, whether there are multiple at-fault parties and what you will need to do to prove fault successfully.
In the aftermath of an accident, it is important that you get in contact with the insurance company of the person who harmed you as well as your own provider in order to establish a claim and make sure that the incident is recorded.However, be aware that insurance companies and their representatives are focused on limiting or completely eliminating any sort of payments that they must give to you. As such, they will try to disprove your claim or get you to agree to a specific amount of compensation, which is likely far below what you truly deserve. If you agree, you will be unable to pursue more compensation in the future. Knowing what you should and should not say to an insurance company and what steps should be taken in order to have a successful claim is crucial to your success and recovery.
The answer is not as simple as it may seem. It all depends on the various factors involved in your case and whether it will need to go to trial. Collecting your evidence and presenting your case may take some time, leading up to negotiations in order to properly craft a successful claim, investigate the case, collect medical reviews, and process paperwork.If negotiations in your claim do not result in a settlement, your case may need to go to trial. This will extend the length of your case, but it may be the only way to receive full and fair compensation, since many insurance companies will fight to prevent paying needed compensation.An experienced attorney will work with you every step of the way, preparing for any defenses presented by insurance providers, and knowing what to do far in advance. You can also be prepared for how long your unique case will take so that you can still cope with your losses and recover to the best of your abilities until you receive needed compensation.
Premises liability refers to the responsibility of the owner of a piece of land or occupants of a property (such as a business, restaurant, etc.) when a person is injured or killed on that property due to negligence.The idea behind a premises liability case is to protect innocent victims after they have been injured due to negligence and allow them to seek compensation for their injuries from the person who was responsible for maintaining the safety of that area.For example, if a patron walked into a restaurant and slipped on an unmarked, just-mopped floor, causing injury, under premises liability they would be able to sue the restaurant’s owner in civil court to receive compensation for their medical bills and other related costs such as missed wages (if their injury prevented them for going to work or resulted in permanent disability).Other Examples of Premises LiabilityInadequate security at ATMs or malls that resulted in muggings or assault
Injuries that result from poorly maintained equipment
Injuries from falling objects
Injuries that result from improper signageAny business that operates at a physical location is expected to provide a safe environment for their employees, customers, vendors and other visitors to the location. When they are negligent in providing that basic safety and people are injured as a result, they are responsible for those injuries.
This is a question that clients often ask at their initial consultation. At this point in the process it is a question that is impossible to answer. Personal injury cases are complex by nature and require substantial analysis to evaluate.It is impossible for an attorney to give you a value until he or she has had a chance to examine every aspect of your case including its strengths and weaknesses. You also have to reach a medical end in regard to your accident related injuries. Experts are often necessary to evaluate clients with more serious or complex injuries. Be wary of an attorney who tells you what your case is worth or guarantees a specific result at your initial consultation.
TRADITION, TENACITY, TRUSTSoft-spoken, yet hard-hitting. Unfailingly kind, yet unflaggingly perseverant. Boston personal injury lawyer Thomas Kiley, Sr. is the epitome of the West African proverb: Speak softly and carry a big stick.When you listen to people talk about Tom Kiley, you begin to see two very clear pictures develop. Clients and friends will tell you about the soft-spoken, dedicated, compassionate man who lives and breathes every case he takes on. Even interviewers comment on Mr. Kiley’s gentleness and mild-mannered appearance. But those same interviewers also give you a glimpse of the Tom Kiley known to his defendants: sharp-minded, hard-hitting and tenacious. Kiley enters the courtroom carrying a very big stick.In 1988, Suzanne Perney dubbed Tom Kiley “The Million Dollar Man” in the Boston Herald, due to his success in personal injury law. Mr. Kiley has become well-known for his million dollar case results. And what has he been doing over the 20+ years since the Herald article? Pretty much the same thing that got him noticed in the first place: carrying on a tradition of excellence, fighting big insurance companies and corporations with a bull-dog tenacity, winning large settlements for those needlessly injured or lost, and earning the trust and respect of his clients and peers. But how did Tom Kiley come to be the Million Dollar Man?TraditionFrom his reasons for going into law to his current practice and even to the building Kiley Law Group inhabits, Tom Kiley is a man of tradition.Mr. Kiley is a second generation trial lawyer. When he was a high school student, he often accompanied his father – a plaintiff trial lawyer – to court when he tried cases to a jury. “My dad is a great lawyer and my mentor,” Kiley says.”I knew, even as a teenager, that I wanted to be a trial lawyer like him.” Family history inspired Kiley to delve into personal injury law. His great grandfather, an Irish immigrant, was grievously injured while he worked in the textile mills. He ultimately died as a result of his injuries, leaving a young widow and four children without husband or father.Kiley’s family history and his father’s tradition of excellence combined with his love for cases in which an average person who had been needlessly injured or had lost a loved one due to someone’s negligence could hold even the rich and powerful accountable for their wrongful acts led him to his current law practice.Kiley’s love of tradition extends to the architecture his practice has inhabited over the past 40 years. Kiley Law Group currently occupies an office in Andover, which is infused with historical significance.Their Andover office is housed in a historic Andover Building, which was originally part of Shawsheen Village, a model mill town created in the early 1920s by William M. Wood. Wood was a millionaire industrialist – wealthier than Bill Gates in his day – and president of the American Woolen Company, the largest wool textile producer at the time. Shawsheen Village slowly fell apart with the collapse of the New England textile mill industry. Over the years, many of the original buildings have fallen into disrepair or have been replaced by discordant contemporary architecture. Andoverians, however, are working to rehabilitate and revitalize the area, developing plans to find unity again in the architecture of Shawsheen Village. Kiley and his team believe that they are as responsible to their business homes as they are to their clients. By locating themselves in the Andover Building, they do their part to preserve the rich history of the Andover area.Tom Kiley, Sr. is continuing the tradition of excellence by welcoming his son, Tom Kiley, Jr. into the Kiley Law Group fold. This father and son law team brings a 40-year-strong winning tradition to bear on behalf of their clients every day.TenacityPersonal injury, wrongful death and malpractice cases are among the most difficult to win. The Herald article quoted Benjamin Fierro, then general counsel of the Massachusetts Bar Association:‘Juries are sensitive to the cost of medical liability. In the current atmosphere, a lawyer who is able to win a verdict for victims in these very difficult cases is doing very well.’ Most malpractice suits fail, he says.And yet, Kiley was successful enough to be dubbed the Million Dollar Man. Not much has changed in regards to suspicious juries and the difficulty of winning these cases.Nevertheless, Kiley and his team continue to take on tough cases – including cases other lawyers have rejected – and continue to garner million dollar results. In reference to a medical malpractice case in which Kiley won a $10 million award for his client, a Boston personal injury colleague said,‘Very few lawyers in this country have the bulldog obstinacy that Kiley has. … [I]t was clear to the jury that Kiley had done his homework. He dug up records and notes that no one, not even the doctors, knew existed.Kiley’s tenacity propelled him to fame when a case he helped win in the 1980s was turned into a book and movie in the 1990s. The book, A Civil Action, was written by Jonathan Harr and chronicles a water contamination case in Woburn, Massachusetts. Kiley fought and helped win a substantial award against two major corporations for families who had developed leukemia as a result of a polluted local water supply. In 1998 the book was released as a movie by the same name. A Civil Action starred John Travolta and Robert Duvall, who garnered an Oscar nomination for his role.Over 20 years later, Kiley is still taking on the tough cases, digging up hard-to-find information and holding accountable even the rich and powerful for their wrongful acts.TrustIf you speak with Kiley’s clients, they will speak of his tenacity or his hard-hitting tactics, but first of his compassion and kindness. Tom Kiley does not approach each case as a collection of data he’ll use to achieve a desired result. He first approaches each client as a fellow human who has endured devastating hardship and who deserves to be heard.To be successful at this type of law, you have to have enormous empathy for people [Kiley says]. Their burdens become your burdens. Their justice is in your hands. You have to be able to communicate to a jury just what life is like from the victim’s perspective. To do that, you must suffer too.The respect and care with which Kiley approaches each individual who consults with him is what garners their trust. He is “awed by the responsibility they are putting in my hands,” and his clients see that. To them Tom Kiley is not a simple lawyer, he is their champion. Time and again, you will hear clients speak of Kiley as caring and attentive. One victim of an automobile accident says she would recommend Kiley not just because of his expertise and high success rate, but because “He handled my case as if I were family.“The Million Dollar Man”This combination of tradition, tenacity and trust has made Tom Kiley one of the most respected personal injury lawyers in the Boston area. “I highly recommend Tom Kiley to anyone who has a serious injury,” says Pamela F. “In my view he is one of the best attorneys, not only in Andover, but in Massachusetts.Kiley believes in helping others. It’s why he became a lawyer. But his good work does not stop at the courtroom door. Kiley has authored several books that act as roadmaps for those enduring the devastation of personal injury or the injury or death of a loved one due to the negligence of another. His book about dealing with the injury or wrongful death of a child was inspired by his support of the Franciscan Hospital for Children. Not only did Kiley include a chapter in his book about the amazing work done at Franciscan, but he also led his law firm to donate funds to the hospital to help purchase new medical-grade pediatric cribs.Most of all, Tom Kiley gives of himself. You cannot do the kind of work Kiley does, the way he does it, without being changed. When asked about the emotional effect of these cases, Kiley responds,Sure, it’s great when you win one of these big cases. But it’s not quite what people think. You can’t escape from these cases; these people, they become a part of you, a part of your life, forever.’