Massachusetts Personal Injury Blog

Slip and Fall Claims and IME's in Massachusetts

If you are involved in slip and fall litigation in Massachusetts, you should be aware of the right of the defense to conduct an IME (Independent Medical Exam).  This right comes from Rule 35 of the Massachusetts Rules of Civil Procedure which states:  "When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control."

The IME will be arranged by the defense attorneys defending the case and will be paid for by the insurance company that insures the party that you are suing for injuries.  The doctor's report of his/her findings following the IME must be released to your attorney following a written request for same.

Remember that the IME doctor wants to have continued business from the insurance companies so therefore, do not be surprised if that doctor says in his/her report that you are not injured or, not injured to the extent that you claim.

Making a Claim for Underinsured Motorist Benefits in Massachusetts

If you have been injured in an auto accident in Massachusetts, there is always the possibility of making an underinsured motorist claim.  If the driver who caused your personal injuries does not have enough bodily injury (BI) coverage to cover the cost of your injuries, then you need to look to your auto insurance carrier for underinsured motorist benefits.  But, before making such a claim, you need to be aware of something important: You cannot, per the standard Massachusetts automobile insurance contract, collect underinsured motorist benefits without first receiving permission from your auto insurance carrier prior to settling your claim with the other driver's bodily injury carrier.

And also, you are only entitled to underinsured benefits if your coverage exceeds the bodily injury coverage of the driver who caused your injuries.

Miscellaneous Massachusetts Auto Insurance Information

Here is some miscellaneous information about auto insurance in Massachusetts:

Collision coverage in Massachusetts is optional coverage, but I strongly suggest you buy it.  Although collision coverage can be expensive you need it in case your car is damaged in an accident with another vehicle.  This coverage will pay for the damage to your vehicle.  Although collision coverage can sometimes be expensive (as opposed to liability coverages) you need to have it.

Comprehensive coverage is optional in Massachusetts.  This coverage will protect you if your vehicle burns, is vandalized, stolen, damaged by an animal, or damaged by mother nature.

Property damage coverage in Massachusetts is required with a minimum of $5000.00 in coverage.  This coverage will pay for property that you damage if you cause an auto accident.  I suggest you buy $100,000.00 in property damage protection.

A deductible is the amount of money that you are required to pay.  If you have a $500.00 deductible, you are contractually responsible to pay the first $500.00, and then your carrier pays the rest.  The lower your deductible, the higher your premiums cost.  The higher your deductible, the less expensive are your premiums.

New "Massachusetts Lawyers Weekly" Publication for Non-Lawyers

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A.  Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers.  It is written in a way which makes the law a little less confusing and easier to understand.  It is a FREE monthly publication you can pick up at most MBTA stations.  The newsletter covers many different legal topics which you may find useful if you have specific legal questions, or, if you are just interested in the law generally.

My Spouse Was Injured. Our Marriage Has Been Affected. Can I Sue for Damages?

Yes.  Massachusetts recognizes loss of consortium claims.  If your spouse was injured in an accident, and his/her injuries have affected the marriage relationship, then a loss of consortium claim can be brought.  Sometimes an injury victim is unable to offer the affection and companionship he/she was able to provide before the accident.  When this occurs, the spouse for the injury victim may be able to bring a loss of a loss of consortium claim for damages against the person or entity which caused the accident.  Also, children can bring such claims in Massachusetts as well.   

My Dog Bit/Attacked Someone. Can I Be Sued?

Yes, you can.  It is your homeowners insurance policy which provides liability coverage to you for these accidents.  It is imperative that you contact your insurance carrier immediately after the accident.  Once you report the event, your carrier will conduct an investigation and will begin communicating with the victim's attorney.  Since the Massachusetts dog bite statute is a strict liability statute, most dog bite and dog attack cases settle without the necessity of litigation.  But, If a lawsuit is filed against you, your Massachusetts homeowners carrier will, pursuant to your policy, provide you with an attorney to defend the case.

Therefore, if your dog bites or attacks someone do not worry, because you are insured.  If you are not insured, you would be wise to hire a personal injury attorney to defend the case.

I Was Injured at Work. Can I Sue for Pain and Suffering?

Maybe.  Generally, Massachusetts workers' compensation laws are your avenue for redress if you have sustained injuries at work.  You don't need to show negligence on the part of your employer to make a claim.  What you need to show is that you were in the "course and scope" of your employment at the time you were injured in order to make a workers' compensation claim in Massachusetts.

But, if a third-party is responsible for your injuries, then you may be able to bring a negligence claim against that party for your injuries.  An example would be if you slipped and fell at work, and the reason for your fall was negligence on the part of a third-party cleaning company that was hired by your employer to clean the floors at your place of employment.

Information for Injured Pedestrians in Massachusetts

If you have been injured in a pedestrian accident in Massachusetts by a negligently operated vehicle, you will need to know a few things.  It is the operator's insurance company that is responsible for paying for your "reasonable and necessary" medical expenses.  They will also pay 75% of any lost wages you sustain as a result of the accident.  But, the insurance company for the operator who caused the accident is only required by law to pay up to $8000.00 for your medical bills and lost wages.

With respect to compensation for pain and suffering, it is again the operator's insurance company, rather than your auto insurance carrier, that is responsible for paying you for pain and suffering. 

In cases such as these, it is important for you to keep a log of all of your expenses (medical, lost wages, and any other losses) you sustain as a result of the accident.  Also, photograph your injuries so you can show the adjuster exactly where, and to what extent, your body was injured.  Good luck!

Great Advice for Negotiating a Personal Injury Case

If you are attempting to settle your Massachusetts injury claim without an attorney, you are going to need to know a few things about insurance adjusters.  The following was written by Maryland personal injury attorney Ronald Miller who wrote a guest post for the Trial Lawyer Resource Center.  Note that the post is geared towards personal injury attorneys who deal with claims adjusters on a routine basis.  Nonetheless, the post will educate you about aspects about the negotiating process you may not be aware of.  Here is the post:

Every day, I speak to insurance claims adjusters on the phone attempting to resolve personal injury cases.  It is dangerous to try to put people with complex goals and motives into simple boxes.  But let's do it anyway. 

There are three categories of insurance adjusters: (1) "It is not my money, I just want to get this file off my desk one way or another and keep my job"; (2) "It is not the insurance companies' money, it is my money.  Moreover, all claimants are liars and I'm dying to litigate these cases over the phone with you in an effort to repeatedly underscore my view of personal injury victims generally;" and (3) "I know my job is important, I am competent, and I evaluate cases fairly on a case-by-case basis.  I'm not paying more on a case than I think it is worth but I'm also not afraid to pay it what it is worth." Luckily, most adjusters fall into category one or three.

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.