Massachusetts Personal Injury Blog

Some Information About Massachusetts PIP Benefits

Following your Massachusetts auto accident, you will be entitled to PIP benefits.  Here is a quick primer on what PIP payments you are entitled to:

1)  "Reasonable and necessary" medical expenses incurred within two years of your Massachusetts motor vehicle accident;

2)  75% of the wages that you lose as a result of your Massachusetts motor vehicle accident (but, you need a doctor to write a note that you are disabled from work);

3)  Funeral expenses;

4)  Ordinary and necessary household expenses.

It is your insurance company that pays you these benefits.  Or, if you were a pedestrian struck by a vehicle, the insurance company for the driver who struck you is required to pay you PIP benefits.

Massachusetts Medical Malpractice and Expert Witnesses

As you may or may not know, most Massachusetts medical malpractice plaintiffs lose in court.  In fact, roughly 90% of Massachusetts medical malpractice cases that go to trial are won by the defense.  The truth is that Massachusetts jurors are hesitant to find against a doctor.  The bottom line is that it is extremely difficult to successfully sue a doctor in a Massachusetts court.

It is essential that your Massachusetts medical malpractice attorney find and retain a qualified and experienced expert witness.  The expert witness will be a doctor who is willing to testify against the defendant-doctor.  For obvious reasons, many doctors refuse to testify against a fellow doctor.  But, there are doctors who are willing to serve as expert witnesses. 

Massachusetts expert witnesses are very expensive.  It is your attorney, pursuant to the contingency fee agreement that you signed, who will pay for and advance the costs associated with the expert testimony.  Without an expert witness who is willing to testify that the defendant-doctor somehow - and these are the buzz words - breached "the standard of care," then you have no case against the doctor(s) whom you are suing.

Can I Settle My Massachusetts Personal Injury Claim Without an Attorney?

Yes, you can.  But why would you?  Here is a great post provided by the Florida personal injury law firm of Perenich, Carroll, Perenich, Avril, Caulfield & Noyes, P.A. on this very topic:

The answer to this question really requires you to first answer this question: How important is the proper settlement of the claim to you?

If your answer is that the injury or its impact on you and your family require a proper settlement, then you should not deal directly with the insurance company on your own.

If you can easily say that the proper settlement is not important, then you may be able to try to settle the claim on your own. Even in this situation, however, there are some potential pitfalls that could lie in your path.

These pitfalls include the possibility that a release of one type of claim may actually release or impact other types of claims; a release may require the reimbursement of another insurance company for benefits paid; and a premature release may forever bar a later claim for more significant losses caused by a worsening condition. Because of these pitfalls and others you should almost always consult with an experienced attorney before attempting to settle a claim on your own.

One very specific example may help you understand why an attorney consultation is advisable.

Charlie Weis' Massachusetts Medical Malpractice Trial Results in a Mistrial

Former New England Patriots offensive coordinator Charlie Weis' medical malpractice trial resulted in a mistrial this week.  Weis' attorneys moved for a mistrial after one of the jurors collapsed in the courtroom.  The defendant doctors, upon seeing the juror collapse, rushed to the juror to provide aid.  Upon seeing this unfold, Weis' attorney moved for a mistrial due to the effect this event may have had on the other jurors.  Here is more on this story provided by Yahoo News.

The Approach Taken By Insurance Companies With Low-Impact Auto Crashes

Kudos to CNN.com for injecting into the public discussion a topic that has been ignored for too long.  The article exposes the travesty of how auto accident victims in low-impact motor vehicle accidents are being "low-balled" by big, powerful insurance companies.  Many Massachusetts residents are involved in low-impact motor vehicle accidents each year.  These accidents can cause very serious injuries to those involved.

Interesting Data on the Causes of Truck Accidents

Truck accidents occur with alarming frequency in Massachusetts.  Due to the size of trucks, these accidents can cause catastrophic injuries to those involved.  Here is some truck accident information provided by Allen Smith over at his truthabouttrucking.com blog:

"Top 10 Causes of Truck Accidents

1. Prescription Drug Use 26%
2. Traveling Too Fast 23%
3. Unfamiliar with Roadway 22%
4. Over-the-counter Drug Use 18%
5. Inadequate Surveillance 14%
6. Fatigue 13%
7. Illegal Maneuver 9%
8. Exterior Distraction 8%
9. Inadequate Evasive Action 7%
10. Aggressive Driving Behavior 7%"

Massachusetts Personal Injury Cases and Contingency Fee Agreements

Nearly all Massachusetts personal injury lawyers take cases on a contingency fee basis.  What that means is that your attorney will take 33 1/3% (or possibly more if your case goes into suit) of any settlement or judgment amount as his/her legal fee at the conclusion of the case.  If your attorney advances any costs in prosecuting your claim, it is you that is ultimately responsible for any such costs. 

With contingency fee cases, your attorney is required by the Massachusetts Rules of Professional Conduct to provide you with a copy of the signed, contingency fee agreement.  This is the agreement that formalizes the attorney/client relationship.  If your attorney does not provide you with a copy of the fee agreement, ask him/her for a copy of same.

What if My Personal Injury Damages Exceed the Policy Limits of the Driver Who Hit Me?

This is a common scenario.  The driver who caused your Massachusetts motor vehicle accident only has $20k in liability protection.  But, suppose your damages (medical bills, lost wages, pain and suffering) exceed $20k.  In that event you must make an underinsured claim with your auto insurance carrier.  The minimum amount you must have in Massachusetts for underinsurance is $20k.  But, your underinsurance coverage only kicks in if it exceeds the amount of the liability policy limits of the at-fault driver.  Therefore, purchase as much underinsurance coverage as you can afford.  It can make a world of difference and protects you when you most need it.