Personal Injury Claims FAQ

If you’re the injured party in a personal injury case, the party found liable for the harm you’ve suffered is typically responsible for paying any settlement or damages. This can include paying for medical expenses, lost wages, and other damages resulting from your injury.

What if my medical bills are more than my settlement?

If your medical bills exceed the amount of your claim settlement, you may be able to negotiate with your healthcare provider to reduce the amount you owe. Alternatively, your personal injury lawyer Cape Cod may be able to negotiate with the at-fault party’s insurance company for a higher settlement.

Is pain and suffering separate from medical bills?

In addition to medical bills, victims of accidents may also be entitled to recover damages for pain and suffering. Pain and suffering encompasses both physical and emotional pain caused by the accident. This can include physical discomfort, such as headaches or back pain, as well as emotional distress, such as anxiety or depression. However, our personal injury lawyer MA notes pain and suffering can be difficult to quantify, and it is often left to a jury to determine the appropriate amount of compensation.

On the other hand, medical bills refer to the actual cost of treatment that the victim incurs at a medical facility. These bills can include costs for hospital stays, medication, surgery, and other medical procedures. Together, pain and suffering and medical bills are both important factors to consider when seeking compensation with your personal injury lawyer Cape Cod for an accident.

Who gets the insurance check for my medical bills?

There are three common instances:

1. If your health insurance company receives your medical bills, the insurance company will typically receive the check.
2. If you paid the bills out of pocket, the check will be sent to you.
3. If you have a personal injury lawyer MA, the insurance company may send the check directly to them. This ensures that any outstanding legal fees are covered before you receive the remaining settlement amount.

The Law Offices of John C. Manoog III | Personal Injury Lawyer MA

While personal injury settlements will provide financial relief, we’d like to note that the process may take some time. Before the courts resolve your claim, you must still start paying any medical bills incurred. While this is inconvenient, most settlements include reimbursements for incurred bills. A qualified personal injury lawyer MA can help you navigate the complexities of personal injury law and work to ensure that you receive the compensation you deserve. With over 100 years of combined case experience, it’s no wonder we’ve come to be known as the best personal injury lawyer Massachusetts. To learn more about our firm, personal injury law, or to schedule a consultation, visit our website today.

The Role of Police Reports in Personal Injury Cases

Police reports can be a valuable source of evidence during a personal injury case. When a police officer arrives at the scene of an accident, they will document everything that happened, including any injuries, property damage, and witness statements. This information can help establish liability and help your Marion car accident attorneys prove that the other party was at fault for the accident. The police report can also provide a timeline of events leading up to the accident, which determines the cause of the accident.

How to Obtain a Police Report

If you’re involved in a car accident Cape Cod, it’s essential to obtain a copy of the police report as soon as possible. In most cases, the police officer who responded to the scene will give you a card with their contact information, which you can use to request a copy of the report. You can also obtain a copy of the police report from the local police department or through an online portal. It may take some time to receive a copy of the police report, so patience is key.

When to Hire a Personal Injury Attorney

If you were injured in a car accident, it’s crucial to seek legal representation. A personal injury attorney can help you navigate the complex legal process and ensure you receive the compensation you deserve. Your Marion car accident attorneys can use the police report as evidence to establish liability and prove that the other party was at fault for the accident. They can also help you obtain additional evidence, such as medical records and witness statements, to strengthen your case.

The Law Offices of John C. Manoog III | Car Accident Cape Cod Lawyers

In conclusion, police reports are essential evidence after a car accident Cape Cod. They can provide valuable information about the accident and help establish liability, which is crucial in a personal injury case. If you were in a car accident, ensure a police report is filed and obtain a copy as soon as possible. If an injury occurred as a result of the accident, don’t hesitate to seek legal representation at The Law Offices of John C. Manoog III to help you navigate the legal process and obtain the compensation you deserve. For more information about our services, please visit our website.

CBS Boston recently investigated the sale of used cars that were subject to motor vehicle recalls for defective parts or other mechanical problems. The results were startling. It was discovered that some vehicles were being sold off used car lots without bothering to address recall issues. Some find it particularly infuriating because necessary repairs pursuant to a recall cost dealers nothing. Nevertheless, it was discovered that some used cars were sold without even telling the consumer that the car was subject to a recall.

As many as one third of recalled vehicles don’t get repaired, and some of them are sitting on used car lots. One consumer bought a van that caught on fire in his driveway. He had no idea that a recall targeted the issue. A 2005 Acura was recalled for a braking issue but was still offered for resale on a lot without any notification to the consumer of the issue.

A car accident on Massachusetts roadways under any circumstances is frightening. When the cause of a collision is traced to a problem with a vehicle that was subject to a recall, further investigation is warranted. If evidence suggests that a vehicle subject to a recall was sold to an unsuspecting consumer, liability issues may arise. In the meantime, all consumers may benefit from carefully checking recall announcements prior to purchasing a used car.

Source: CBS Boston, “I-Team: Hidden Dangers In Used Cars Across Mass.,” Karen Anderson, Feb. 7, 2013

On the night of the tragedy, a 47-year-old Cape Cod woman in a motorized wheelchair was attempting to cross a street in Hyannis. It was just about 10 p.m. and raining heavily. A now 21-year-old woman had been drinking with friends at the Holly Tree Resort Hotel in West Yarmouth. She, along with a passenger, was driving to a local store when her car struck the wheelchair bound woman and dragged her a distance of about 50 feet.

The victim’s purse became stuck on the car’s windshield briefly, and the air bags in the vehicle deployed. Nevertheless, the driver did not stop and returned to the hotel where she had been drinking. She was arrested two days later, following a police investigation. She faced numerous criminal charges and was ultimately convicted and sentenced to spend three years in jail. She was also sued for wrongful death in the month following the crash.

In March 2012, three of the wrongful death counts were resolved when a judge in Barnstable Superior Court approved a judgment for almost $2 million. The fourth count, which involves a clause in the insurance policy providing for payment for vehicle repairs, is still pending trial. The civil lawsuit has likely brought some measure of justice to the victim’s family for this tragic fatal accident. While the money to be paid cannot undo the events that resulted in the death of their loved one, the family may take some solace in holding the driver fully accountable for her negligent acts.

Source: CapeCodOnline.com, “Driver in fatal crash on hook for $2M,” Steve Doane, Feb. 6, 2013

Nevertheless, accidents do happen, and sometimes they involve vehicles that transport us for a free. One recent collision involved a Brockton Area Transit bus and a car. The collision took place on a recent Friday evening a bit before 6:30 p.m. While specific details of the crash were not initially disclosed, it is known that a passenger on the BAT bus was transported to the hospital for medical care. The specific nature of the passenger’s injuries was not detailed.

The car driver that collided with the bus was also injured. That driver informed authorities she intended to drive to a medical facility on her own for medical care. She complained of lower back pain. Nevertheless, on the day following the collision, authorities sited the driver with unspecified charges resulting from the crash.

A motor vehicle accident is frightening under any circumstances. A victim injured while riding on public transportation often has little or no time to react to a crash and may, as a result, suffer serious injury. Massachusetts personal injury laws provide for the right of those injured in an accident caused by the negligence of others to sue for recovery of damages sustained. If negligence is established in a civil lawsuit the injured passenger may be entitled to reimbursement for medical expenses, lost time from work and other damages permissible under our states’ personal injury laws.

Source: Enterprise News, “Infiniti driver cited after BAT bus crash,” Carla Gualdron, Jan. 5, 2012

This much is known. A car struck two pedestrians near a gas station on Broadway in Malden. A photo of the accident scene shows a damaged SUV and police tape cordoning off an area of the roadway. The front of the vehicle shows significant damage, and debris is strewn about the road in front of it.

In all, three ambulances were reportedly called to the scene, and both pedestrians were said to have been transported to the hospital. One victim’s injuries were described as serious enough to warrant a trauma alert and admission to Massachusetts General Hospital. Though each pedestrian was reportedly seriously injured, no further details were provided. The car driver was described as unhurt but apparently distraught over the incident. It was not immediately clear if an arrest was made or if criminal charges are contemplated.

As Massachusetts police precede with the investigation of the car accident, the victims are left to struggle to survive their injuries. Understandably, medical expenses and related costs can quickly add up to substantial amounts, though the first order of concern is the health and well being of those hurt in the crash. As they heal, each victim will have to right to determine if they wish to pursue personal injury claims against the driver. If they do, they will need to prove the driver was negligent in causing the collision and the serious injuries which resulted.

Source: Malden, MA Patch, “Car Hits Two Victims on Broadway, Both in Serious Condition,” Chris Caesar, Jan. 9, 2012

Police say the driver rear ended a box truck. The elderly woman was airlifted to a Boston hospital where she died a few days later. Her cause of death was attributed to injuries she sustained in the accident.

This is the second time the driver has been criminally charged in the case. The original charges were dismissed due to a legal technicality, and the district attorney filed the same accusations again. An official investigation determined the driver was negligent, though the woman faults the driver of the box truck for the accident. The criminal case will now proceed, and the victim’s family will likely follow its progress carefully.

It was not reported if the surviving family has initiated a Massachusetts wrongful death lawsuit and, if so, against whom. What appears clear is that the elderly woman passenger lost her life due to the negligence of others, whether it was the criminally accused driver, the operator of the box truck, or both. A civil claim seeking monetary damages may assist the family in holding those parties deemed negligent responsible for the fatality. To prevail, the family will need to prove in court that the death of their loved one was the proximate result of negligent acts. If the woman is criminally convicted of vehicular homicide, proof of that conviction may be offered as evidence of liability in any related civil action.

Source: The MetroWest Daily News, “Marlborough woman arraigned again for Sudbury fatal crash,” Norman Miller, Jan. 5, 2012

The car accident is said to have occurred as the 70-year-old woman was attempting to cross a street shortly after 5:30 p.m. on Dec. 11. The specific details of the crash were not reported, though the driver showed up at police headquarters about a half hour after the collision. He first told police he thought he hit a deer, but 10 minutes later he acknowledged that the significant damage to his car caused him to think he may have hit a person.

A week after the car accident, the victim remained at the Boston Medical Center with critical injuries. She apparently fractured her pelvis and suffered significant trauma. Her long term prognosis was not reported.

While the car accident remains under investigation, Massachusetts authorities have preliminarily indicated that no further criminal charges are anticipated. Nevertheless, the severely injured woman, or her family in the even she does not survive her injuries, have legal rights under our state’s personal injury laws. If the evidence suggests that the driver negligently caused or contributed to the victim’s injuries, our civil courts will entertain claims for monetary damages. In this tragedy, negligence issues may exist concerning the driver’s actions leading up to the crash, as well as his actions afterwards by leaving an injured person lying alone in the street to fend for herself.

Source: Eagle-Tribune, “Methuen crash victim, 70, remains critical,” Brian Messenger, Dec. 19, 2012

The car accident happened in the late morning hours in early December. A Massachusetts man from Worcester was headed eastbound on Route 20 when he tried to turn left into the Olde Shrewsbury Village Shopping Plaza. In doing so, he collided with a westbound car driven by a man from out of state.

In all, injuries were reported to three people. It is not clear in which vehicles these individuals were riding. Further, the specific nature and extent of any injuries sustained was not reported. Beyond the fact that no one was said to be in danger of losing their life, no updated medical conditions were immediately available.

The injured parties will likely be interested in the progress of the official accident investigation, which is said to be headed by a Shrewsbury Police Accident Reconstructionist. Each person involved in this car accident may benefit from gaining an understanding of their rights and responsibilities under Massachusetts law. In general, those injured by the negligence of other parties retain the right to pursue claims for monetary damages through our state civil court system. Sadly, many accidents result in long term healthcare problems or even full disability, resulting in escalating medical bills and other expenses for those affected.

Source: Shrewsbury Massachusetts Lantern, “Another bad Shrewsbury car accident today,” Dec. 6, 2012

Occasionally, as evidenced by a fatal accident in May that involved a car and a bicycle, law enforcement personnel decide that criminal charges are not warranted. That, however, does not mean the surviving family is barred from bringing a civil lawsuit. Even when a collision is deemed to have not risen to the level of criminal conduct, a civil lawsuit may be commenced based upon evidence of negligence. In short, one can be negligent without committing a crime. The burden of proving negligence in a civil proceeding is less stringent than that required for a criminal conviction.

While the reported details are few, the fatal accident occurred in downtown Northampton. It is only known that a car struck an 18-year-old bicyclist, who died from the injuries sustained. Nevertheless, the office of the district attorney concluded the tragedy was an unfortunate accident and that no criminal charges would be filed. In effect the prosecutor’s office concluded that there was not sufficient evidence to prove beyond a reasonable doubt that the driver of the car was guilty beyond a reasonable doubt.

The family of the deceased victim still retains the right to pursue a wrongful death claim, if it chooses to do so. To prevail in a Massachusetts civil courtroom, the family will need to prove that the driver negligently caused or contributed to the fatality. If that is established by competent proof, the court will consider claims for monetary damages notwithstanding the fact that the driver was previously absolved of any criminal responsibility.

Source: wggb.com, “No Charges Filed in Deadly Northampton Cyclist Crash,” Dec. 4, 2012

While details of the incident are sketchy, it is known that a 45-year-old man struck a Massachusetts State Trooper during a traffic stop. The surviving family alleged that the man was beaten by authorities. Further, it was claimed that police delayed more than three quarters of an hour to arrange for medical services for the man.

Police apparently attempted to restrain the man and placed him under arrest. During the booking process, the victim was said to be unresponsive. Later, he was declared dead at a hospital. No individual officer was disciplined or faced criminal charges relating to the incident. The Essex County sheriff, North Andover police and Massachusetts State Police were all included in the litigation, and it was reported that all shared some part of the settlement amount.

Though no criminal charges ever arose from the incident, the family was still able to achieve a substantial settlement based upon its claims of negligence. There was no indication that any law enforcement agency conceded liability for the wrongful death claim, but the evidence advanced by the family likely convinced the law enforcement entities involved that an agreement to a specific amount was preferable to the potential exposure that could come if the family won a verdict at trial. While each fatal accident claim depends on the particular facts and circumstances of a case, a surviving family of a deceased accident victim may gain by assessing all of its rights under Massachusetts law.

Source: Claims Journal, “Massachusetts Traffic Stop Death Lawsuit Settled for $1.6M,” Nov. 21, 2012

Police were in the process of reconstructing the scene of a Cape Cod car accident following a head-on collision in Provincetown recently. The initial details concerning the crash were sparse. The collision occurred on Route 6 on a recent Thursday afternoon.

Preliminary reports suggest that a vehicle that was headed eastbound crossed into the westbound lane for reasons that are not yet clear. That vehicle struck an oncoming car, causing critical injury to both drivers. One was transported to Provincetown Airport and then airlifted to a trauma center. The other driver was transported to Cape Cod Hospital. The specific nature of the injuries sustained was not reported, and the further medical condition of each victim is not known.

As police continue to work on the accident investigation, the immediate hope is for the full recovery of both car accident victims. If the preliminary reports are confirmed by law enforcement, the westbound driver may have the option of pursuing a personal injury action in Massachusetts civil court against the wrong way driver. To prevail, the driver will need to prove the wrong-way driver negligently caused the accident and resulting injuries. If that is established, claims for medical costs and related expenses, along with other damages recognized under our laws, may be awarded.

Source: WCVB Boston, “2 injured in wrong-way head-on crash in Provincetown,” Nov. 1, 2012

Preliminary reports suggest that this crash was initiated by a tractor trailer truck. That vehicle inexplicably rear ended a van. In the course of doing so, a male occupant of the van was thrown from that vehicle. The tractor trailer ran over the man’s lower legs. Emergency personnel used inflatable airbags to lift the massive vehicle off the legs of the victim.

The injured man was said to be conscious during the entire ordeal. However, he was seriously injured and transported to a local hospital. In all, five people were sent to two nearby hospitals. While one victim was treated and released, there was no further word on the updated medical condition of the others, including the man whose legs had been pinned by the truck.

The southbound lanes of the Interstate were closed for almost an hour and a half to allow authorities to clean up the debris strewn about from the motor vehicle accident. Police are presumably continuing with their investigation. Those seriously injured in the crash retain the right to file personal injury lawsuits against the truck driver and any other party whose negligence is deemed to have caused or contributed to the injuries. Litigants will need to prove that another party’s negligence was the proximate cause of the crash. If they are successful in doing so, Massachusetts courts will consider damage claims in order to arrive at an appropriate award to reimburse victims for the injuries and suffering to which they were subjected.

Source: Eagle-Tribune, “Auto accident pins man’s legs under truck,” Bill Kirk, Oct. 23, 2012

A recent Cape Cod car accident has claimed the life of an elderly man. The collision occurred just after 1:30 p.m. on a Saturday afternoon toward the end of the first week in October. The 86-year-old man who lost his life was a passenger in a car that collided with a pickup truck. Details of the collision itself were not disclosed, and police are no doubt investigating.

As a result of the crash, the car ended up tilted onto its side with both occupants trapped inside. Emergency personnel worked to free the pair, and both victims were transported to Cape Cod Hospital. The man passed away at the hospital, while the woman was said to be in stable condition. The relationship between the two car occupants was not disclosed, though they shared the same last name. There was no indication that the driver of the pickup truck suffered any injury.

As authorities work to determine the cause of the fatal accident and whether any laws appear to have been broken, the family of the deceased man is likely mourning his loss and praying for the recovery of the woman. If an investigation reveals that the crash was caused by the negligence of the pickup driver, civil legal claims may be appropriate on behalf of the deceased victim as well as the injured woman. These claims would necessarily be based upon evidence of negligence that is deemed to have caused or contributed to the tragic accident.

Source: Boston Globe Media, “Medford man dies in Cape Cod car crash,” Oct. 9, 2012

It was reported that the early morning crash happened when a pickup driver fell asleep at the wheel. There were two passengers in the pickup along with the 35-year-old driver. While the passengers were not injured, the driver was said to have some type of arm injury. The Trooper did not fare as well. He suffered neck and back injuries and was taken to Boston Medical Center, though he has reportedly since been released.

Normally, when an individual is injured on the job, workers’ compensation benefits apply. Though police are excluded from the Massachusetts workers’ compensation system, state law requires that they receive full pay while recovering from a work related injury. Fortunately for the injured officer, he has other potential remedies available to him.

If the evidence confirms initial reports that the truck driver caused the car accident by falling asleep at the wheel, the officer has the right to press forward with a personal injury claim against the driver. Such a claim in Massachusetts courts is based on proof of negligence. If wrongdoing is established, the injured party is entitled to recover monetary damages from the at fault driver for medical costs and other expenses as well as for pain and suffering related to the injuries sustained.

Source: necn.com, “Mass. state trooper released from hospital after Canton accident,” Sept. 26, 2012