Moffa's blog

The Process of Bringing Legal Action

Something awful happened and now you don’t know what to do. You were injured in a work place accident. A neighbor’s dog viciously bit you causing severe pain and scarring. Or, another driver, this one intoxicated, plowed his or her car into yours, thereby permanently impacting your life and your ability to care for your family. The injuries you sustained could run the gamut anywhere from a fractured wrist, head injury, or the many other types of personal injuries or damages.

The bottom line is that you were injured because of someone else’s negligent actions, you need help and you are not sure what to do.

But most importantly, your injuries may have prevented you from working and continuing to provide for yourself and your family, thereby causing an overall negative and sustained impact on your everyday life. Although you were an innocent party, the monthly bills do not stop coming in the mail just because it was not your fault. For most clients, this chapter in their lives is emotionally painful for both them and their family.

You have to do something immediately to recover lost wages or pay medical bills and just as important, you need to ensure that you and your family’s future are protected.

Consulting as soon as possible with an attorney is the next logical step.

I had a client who sustained severe facial fractures in a construction accident and I was able to recover $3 million dollars on his behalf. In another case, a 19-year-old man was burned when a smoke detector failed, and for him the recovery was $1 million.  However, not all cases end with seven-figure settlements. Some are significantly less, depending on the degree of liability and injury. One thing you can count on is that my staff and legal team will provide the same aggressive and personal representation to each client regardless of the potential recovery.

One thing is for sure.  Every case and client is unique, and in the industry of personal injury law, the proverbial ‘one size fits all’ is not applicable. If you have any question at all about a serious incident in your life that has resulted in a physical or emotional injury, don’t delay in calling one of my four offices in Hyannis, Falmouth, Plymouth or New Bedford for advice and help.

Here’s how the process works:  when you phone my office, one of my staff will take down key information such as your name, address, contact information, how old you are, details about your injury, and most importantly, how this accident has affected your life.  All information is then funneled into a report and placed in my hands. Answering these questions helps me determine the degree of injury and whether you may have a claim. Just be yourself, and include as full an answer as you can. Remember, this exchange or what we refer to as an ‘intake call’ doesn’t cost you any money no matter how long it takes. Please know my legal staff will treat you with courtesy, dignity and professionalism.

If I quickly determine there’s potential merit in your case, we will have a sit-down, in-person meeting, and this costs you nothing, either.  If you’re too injured to travel and I need to come to you, this can be arranged.  In fact, until the case is settled, you pay nothing; what’s most important to me is your peace of mind and your physical and financial recovery from personal injury.

For the past 29 years, my office has represented clients in almost all kinds of personal injuries including wrongful death, burn injuries, head/brain injuries, fractures and other catastrophic injuries resulting from car accidents, fires, bike injuries, bus accidents, construction accidents, medical malpractice and many other causes of injury.

A lot of clients initially ask how much money they can expect to recover or how long the process takes. It all depends on the unique facts that are particular to you and your case. Our office makes every effort to understand the personal circumstances of how you and your family’s lives have been affected. We work hard to ensure that you recover the maximum amount from the insurance company once we understand the full extent of your injuries as well as the likely future impact on your life.

Routinely, insurance companies try to settle a claim and often for as little money as possible.  So that’s why you may need an assertive advocate who can work on your behalf in a strategic and experienced way. I am very proud to have taken care of so many injured people through the years and would be honored to help you.

If you or someone you know has been injured by the negligence of others, I encourage you to reach out to an injury attorney with extensive experience handling these types of cases. I can help you recover money and protect your family, and I’ve been doing so on Cape Cod and throughout Southeastern Massachusetts for nearly 30 years. For a free consultation, please call my office at 800-446-4485 or email me at We are available 24 hours a day, seven days a week, to help you.

Winter Driving Tips

When you’re behind the wheel of a car or truck in winter, the only thing worse than heavy white snow is unseen black ice, so even on days when there’s no precipitation, cold weather presents awful road conditions everywhere in southeastern Massachusetts.

From Route 3 heading South from Plymouth toward Cape Cod, to Route 6 which runs down the spine of the Cape, to Route 25 that connects the Cape to the South Coast, to Route 195 leading to New Bedford, and all those small residential side streets—danger is excruciatingly close, so the best protection against winter accidents is mere common sense. Slowing down is the best course of action on the road in winter.

As simple as this sounds, I advise my clients that reducing speed is the smartest thing you could do when it’s snowing, sleeting or when the mercury is south of 32 degrees, or, the point when water freezes. After all, danger doesn’t announce itself and often you’re only a skid or a few seconds away from a serious traffic incident at any given moment.

Using the brakes is practically an art form during winter in Massachusetts, but remember to use them often. According to the Massachusetts Department of Transportation (DOT,) “bridge decks freeze first” because of the difference in air temperatures, and “the surface condition can be worse on a bridge than on the approach road.” Getting on and off the Bourne and Sagamore Bridges carefully is a prime example of local safety protocols. And be careful on these exit ramps since there’s less “anti-icing material” scattered on those curvy surfaces than on straight roads, according to the Mass. DOT.

You may feel safer and more confident driving a heavy 4x4 SUV or truck, but remember these types of vehicles are heavier than cars and they don’t stop on a proverbial dime, so allow more braking time as you slow down. Forget using cruise control: a bad idea in this quirky New England weather because the lightest pressure on your brakes could deactivate cruise control and you then will have little control over your vehicle.

Keeping your vehicle ship-shape to literally weather winter roadways includes a mechanic-worthy check of the ignition and fuel systems, brakes, oil, antifreeze and battery, wiper blades and fluid, the exhaust and especially the defroster. Your mechanic will know exactly what to do in this winterization process.

Stock your vehicle with the right emergency supplies such as heavy boots, warm clothing, a flashlight with batteries, and jumper cables. Think about keeping a small shovel and a bag of cat litter or sand so if you get stuck, sprinkling a coarse substance will give your tires traction. If you do get stuck, running the engine without making sure the exhaust pipe is free of ice or snow may prevent deadly carbon monoxide from entering your vehicle.

Let’s talk ‘worse case scenario.’ If you hit someone or if someone hits you, first and foremost determine if anyone has been injured. Even if no one is hurt, call 911, because an accident report is necessary for insurance purposes. Get all vehicles off the road, if possible. Exchange information with the other driver: standard data such as the license number, insurance information, and vehicle registration. Remember, by law you have to show these identity pieces if you’re asked.