We have worked with clients involved in personal injury accidents for some time now. We've experienced, empathized with, and understood the hardships that dealing with personal injury brings. Below is a list of the kinds of personal injury cases that we commonly deal with:

Car Accident



Being involved in a motor vehicle accident is a traumatic experience.  It’s shocking and overwhelming to many. Individuals struggle with car repairs, obtaining a rental, many different insurance companies calling-including multiple adjusters assigned to different parts of the claim at one company-therefore, it’s hard to keep track of who is who! Every new adjuster wants an explanation of how the accident happened, after you’ve already explained it. The paperwork is piling up; what should be signed, what should be ignored, what information must be provided? 

While overwhelming during a first-time experience, I am familiar with how insurance companies function, what benefits should be afforded, and the best way to maximize these benefits. After handling hundreds of claims I’ve become an expert at navigating the various channels of a claim. By taking care of this aspect, clients/claimants can focus on their injuries to obtain the best treatment. In addition to taking care of the annoying phone calls, completing the endless paperwork-I strive to explain the process in hopes of making each client feel confident that they are getting the best representation possible.

Personal Injury

Law Offices of Sarah A. Miller
(413) 351-2100
75 North Main Street, East Longmeadow, MA  01028

The Law Office of Attorney Sarah A. Miller serves the following towns:
West Springfield, East Longmeadow, Springfield, Southwick, Longmeadow, Hampden, Wilbraham, Westfield, Indian Orchard, Three Rivers, Ludlow, Chicopee, Monson, Holyoke, Palmer, Thorndike, Bondsville, South Hadley, Granby, Wales, Brimfield, Agawam, Belchertown, Southampton, West Warren, Holland, Feeding Hills, Warren, Woronoco, Fiskdale, Russell, West Brookfield, Hadley, Amherst, Sturbridge, Berkshire County, Franklin County, Hampden County, Hampshire County and Worcester County.
NAVIGATION
PRACTICE AREAS

Slip & Fall Accidents



When an individual or a business fails to keep their premises safe due to their negligence-resulting in an injury, they can be held liable for the injuries that are caused.  Pursuant Papadopoulos v. Target Corp., 457 Mass. 368, 386 (2010)-a landowner is responsible to act reasonably to prevent injuries to others and there is now no distinction between the natural and unnatural accumulation of snow and ice.
WHAT YOU SHOULD KNOW ABOUT AUTO INSURANCE:
Massachusetts requires the purchase of Personal Injury Protection (“PIP”) coverage-which pays towards medical bills, lost wages, and reimbursement for medical expenses such as prescription reimbursement.
If you are unable to work and are seeking to have lost wages covered, you must obtain a disability note from your medical provider!
If the driver that causes your accident is uninsured, or there is no insurance coverage on the vehicle, a claim can be pursued for “uninsured” coverage through your policy!

CLICK HERE TO FIND OUT WHAT TO DO IF YOU ARE INVOLVED IN A CAR ACCIDENT.

Dog Bite



In Massachusetts, owners of dogs are held strictly liable for injuries that their dogs cause. Getting bit by a dog is a very traumatic experience. Our office will seek insurance coverage to recover for your injuries, including medical bills, lost wages, and pain and suffering.

Contact us today to schedule a FREE consultation, (413) 351-2100.

Workers Compensation



Injuries on the job are inevitable. In Massachusetts, the law has shifted the burden of work injuries to the employer, by creating a system that ensures “a prompt flow of benefits to injured workers, without the requirement for litigation, in an atmosphere that preserves basic dignities.” This system is funded by the employer; the reason being that these inevitable injuries are a cost of business. Not only does this encourage employers to create safer work environments-it prevents many lawsuits, as employees receive workers’ compensation in exchange for relinquishing their right to sue their employer for personal injuries caused by negligence.  

If your employer is disputing liability for your work injury, or the extent of your disability, it is important to hire an attorney to represent your interests. By filing an employee claim form, our office can seek an order from a judge for additional benefits you may be entitled to. 

Workers Compensation Exemption:



Employees cannot sue their employers in tort for their injuries that result as a result of work activity.  Worker’s compensation provides less recovery than a typical tort claim, but there is no requirement of fault on the employer.  This system prevents many lawsuits, as negligence is not a factor to determine- it doesn’t matter if the “cause” of the injury falls on the employer or the employee.  However, if a third party is negligent, a claim can be presented for pain and suffering.  These are typically referred to as “Third Party Claims.”

THIRD PARTY CLAIMS

Although an employee is exempt from pursuing a claim against their employer in tort, a work injury may lead to a valid negligence claim against a third party-someone other than the employer.  For instance, an employee who is injured at work while involved in a motor vehicle accident.  The workers compensation insurer is liable for medical expenses and lost wages; and the injured worker may additionally pursue a claim for pain & suffering against the driver who caused the accident. 

When an injured worker brings a claim against a third party, the worker’s compensation insurer has a right to recover the money paid for medical bills and lost wages through that settlement:  this can be a complicated process.  Our office specializes in handling these types of claims.  The worker’s compensation insurer must approve the settlement of third-party claims, requiring what is often referred to as a “Section 15 Petition.”  This section (15) is the section of the MGL involving Worker’s Compensation in Massachusetts that handles recovery made by third parties.  A worker’s compensation insurer must approve the petition and the petition must be submitted to The Department of Industrial Accidents in Boston, Massachusetts. 

When do you need a work injury lawyer?

-Not everyone who is injured at work needs an attorney.  When a claim is accepted, an insurer may willingly pay the lost wages and medical expenses owed, and an attorney may not be necessary.  However, when an injured worker’s claim is denied, or a worker believes they are receiving less compensation than deserved an attorney can file a claim on behalf of the injured worker. 

Workers Compensation Settlement.

Not all workers compensation claims are “settled.”  As a general matter, a worker’s compensation claim can be settled when an employee is unable to return to work for a long period of time due to their injuries.  Rather than paying an injured employee for an indefinite period of time, an insurance company may offer a lump sum figure calculated by taking into consideration anticipated future payments.