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.

Manufacturing Defects

A manufacturing defect is a term used to describe a flaw or abnormality in a product that was caused by a mistake or error during the manufacturing process. This defect makes the product different from other products of the same type and can result in the product being unsafe or unusable.

A defective product can also cause financial hardship for the consumer, as they may be required to pay for medical expenses, lost wages, and other damages. This is why it is important for consumers to understand their legal right to a defective product attorney.

In addition to helping individual consumers, a product defect attorney also plays an important role in promoting public safety. By holding manufacturers accountable for their products, they help to ensure that companies take the necessary steps to identify and address potential defects before they reach the market.

Design Defects

Unlike manufacturing defects, which occur during the production process, design defects are present in the product from the outset. This means that every product made according to the same design is potentially dangerous. Examples of design defects include a car that has a tendency to roll over easily or a medical device that is prone to failure. One of the most infamous medical device design defects is the hernia mesh case.

Design defects can be particularly dangerous because they affect an entire line of products, rather than just a few isolated instances. In order to pursue a design defect claim, a plaintiff must prove that the design of the product was unreasonably dangerous and that there was a feasible alternative design that would have made the product safer. A product defect attorney can help you determine whether you have a valid design defect claim and assist you in pursuing compensation for any injuries or damages you have suffered.

Marketing Defects

Marketing defects are another type of defective product liability claim that can arise when a manufacturer fails to provide adequate warnings or instructions for the safe use of a product. This can include a failure to disclose known side effects of a medication or a failure to provide sufficient warnings about the dangers of a particular product’s use.

Marketing defects can also occur when a manufacturer fails to provide clear and complete instructions for the proper use and operation of a product. In order to pursue a marketing defect claim, a plaintiff and their product defect attorney must prove that the manufacturer failed to provide adequate warnings or instructions and that this failure directly led to their injury or damages.

The Law Offices of John C. Manoog III | Product Defect Attorney

Defective products are more than just lost money, they can result in lost lives. You have the right to a product defect attorney. If you or a loved one has been injured by a malfunctioning product, the experts at our Cape Cod law firms are here to help. With over a century of case experience, and a passion for compassion, we’ve stood the test of time. If you’re ready to receive personalized and dedicated legal representation, contact us to speak to a defective product attorney 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.

A significant number of personal injuries and some fatalities suffered by those ingesting these drinks have caused regulators to focus on the ingredients that comprise these popular items. Amid reports that consumers are spending more than $12 billion annually to purchase these items, the FDA has identified the dietary supplement dimethylamylamine as a potential culprit. The federal Food and Drug Administration has stepped up efforts to educate consumers to the potential dangers, as well as to go after drink makers that use the illegal supplement, otherwise known as DMAA. The supplement has not been approved for use as an additive in energy drinks in the absence of proof that it is safe for consumers.

At least one Massachusetts internist, an assistant professor at Harvard Medical School, likened DMAA to an amphetamine. He noted that his patients get addicted and suffer from headaches when they stop using the drinks. Part of the confusion is attributable to the lengthy process the FDA must navigate in order to have the drug removed from the marketplace.

In the meantime, consumers are at risk. Chief among the potential victims are teenagers, and emergency room visits over side-effects from the drinks have reportedly doubled in four years. As many as 20,000 victims went to emergency rooms for treatment in 2011 alone, and some of those patients died. As the FDA continues to fight for the outright ban of DMAA in drinks already laced with caffeine, those that are victimized — including the surviving families of those that are killed — continue to have rights under our personal injury and wrongful death laws.

Source: The Boston Globe, “Energy drinks: FDA warns against DMAA,” Deborah Kotz, April 15, 2013

The victim was training for a triathlon and was apparently equipped with appropriate safety gear. He pedaled through an intersection ahead of the semi. The truck subsequently turned in the same direction as the biker and struck the cyclist from the rear. The 51-year-old truck driver did not stop at the scene of the fatal accident, though police located him several days after the tragedy. When emergency responders arrived at the scene of the crash, the cyclist was lying unresponsive and was later declared dead at a local hospital.

After what appears to have been an extensive investigation, the office of the Norfolk District Attorney agreed with the conclusions of the police investigation. Charges were sought for negligent vehicular manslaughter and related accusations. Though no explanation was offered for its decision, the grand jury decided against further criminal proceedings.

In cases like these, it is important to note the distinction between criminal and civil cases. The legal issues and burden of proof in criminal proceedings are different and far more stringent than in civil proceedings. As the wrongful death lawsuit now makes its way through the Massachusetts civil court system, the victim’s surviving family will have the opportunity to prove the trucker’s actions were negligent and proximately caused the death of the cyclist. If the family is successful in establishing this, a court will proceed to adjudicate claims for monetary damages alleged to have accrued as a result of the negligent conduct.

Source: necn.com, “Broadside: Wellesley, Mass. bike fatality,” Feb. 27, 2013

The crash occurred when a car entered Route 28 from the parking lot of a local restaurant. A truck headed west and owned by a West Bridgewater construction company crashed into the car, killing its driver. Subsequent investigation disclosed that the nearly two decade old truck had inoperable rear brakes. Though the truck was apparently inspected less than two weeks before the fatal accident, it was documented that a Massachusetts inspection company failed to test the brakes in the field.

The lawsuit was waged by the victim’s widow and four children. They will all receive part of the $750,000 settlement proceeds. The terms of the settlement were recently finalized in Plymouth Superior Court.

The surviving family from this fatal accident on Cape Cod likely feels some relief now that the litigation has finally been settled. Though the financial award does not change the tragic outcome, the fact that the settlement was achieved may provide them with a feeling that justice has been served. It also underscores the fact that each time a vehicle is placed in operation on a Massachusetts roadway, a duty is owed to others that it is safe and has met the inspection standards required by our state laws.

Source: CapeCodOnline.com, “Settlement reached in W. Yarmouth auto fatality,” Cynthia McCormick, Jan. 9, 2013

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

The company focuses on work involving underground sewer and water mains and has received nine OSHA citations over the past 12 years. The principal cause for concern is that workers are said to be exposed to risk of a workplace injury due to cave-in hazards. The latest violations involved two projects in the metropolitan Boston area, and OSHA originally issued fines in excess of $350,000. The company contested the OSHA findings, and that led to a settlement that was recently announced by OSHA.

Under the settlement, the company will pay a $200,000 fine, characterized by a representative speaking on behalf of OSHA as hefty. The company has agreed to reconstitute its safety procedures and allow OSHA access to its excavation work sites for the next three years without the necessity of a warrant. Further, a new safety program will be developed and implemented by the company. Finally, the company also agreed to formulate a permit system which will identify workplace accident hazards for each job and implement a specific plan for addressing the dangers.

While there were no reports of any injuries suffered by P. Gioioso & Sons workers, the dangers have now been well documented. A workplace injury in Massachusetts is taken seriously, and it is a goal of OSHA’s to eliminate the potential for serious accidents. When accidents do occur, workers’ compensation benefits typically apply, giving workers important security to cover medical bills and provide lost income from work as they focus on recovery and getting back to work. In the meantime, OSHA works to limit the need for workers to have to rely on this important insurance program by avoiding unnecessary injuries in the first place.

Source: EHS Today, “Repeat Offender Settles with OSHA for Cave-in Hazards at Mass. Worksites,” Sandy Smith, Nov. 9, 2012

There were four occupants in the car, including the 26-year-old driver. The vehicle ultimately came to a stop upside-down in the passing lane, and the three passengers were all ejected. Both the driver, who was not ejected, and a 31-year-old passenger escaped with minor injuries. An 18-year-old passenger remained hospitalized after the collision, though he was expected to survive and was listed in good condition. Sadly, the remaining passenger, who was said to be 19 years of age, was later declared dead at Massachusetts General Hospital.

The State Police now have the responsibility to investigate the fatal accident and come to a conclusion as to what actually caused the driver to lose control of the vehicle. Preliminary reports suggest they will focus on speed and the inclement weather as playing a part. There was no mention of alcohol as a possible factor, though toxicology testing is typically part of an investigation of an accident where someone is killed. The specific family relationships of the car occupants were not disclosed, though it appears that some share the same last name.

The surviving family of the fatal accident’s victim is likely struggling to come to terms with the sudden and apparently senseless loss. As the authorities continue the investigation, the family retains the right to turn to the Massachusetts civil court system if the evidence discloses the driver was negligent in causing the collision. Similarly, those injured have the right to pursue personal injury claims based on negligence. As the family members say goodbye to their loved one, they will inevitably be faced with unexpected final expenses. Whether they choose to seek restitution of those expenses and other damages permissible under our state laws may well depend on further development of the facts and circumstances of this particular tragedy.

Source: The Daily Item, “Lynn man dead, 3 hurt in rollover,” Cyrus Moulton, Oct. 31, 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

Police at the scene ultimately killed one of the dogs and captured the other. Both were thought to be a pit bull mix, though that fact was not confirmed. The dog that was shot by police was said to have been a male dog and was put down after he continued to be aggressive. It was considered too dangerous to further attempt to obtain the animal.

The other dog was a female who was captured and turned over to an animal shelter. The dogs’ owner was not home at the time of the incident. Police were said to be continuing their investigation, and no decision had been made about filing criminal charges.

Massachusetts is deemed a strict liability state when it comes to dog bite attacks (General Laws of Massachusetts, Chapter 140, Section 155). Those who have been victimized have legal remedies to pursue monetary damages occasioned by such an attack. Nevertheless, there are a number of elements to the law to be considered, and those seeking relief may benefit from investigating the full extent of the statute and potential remedies available. Those who are injured may take comfort in knowing there is help available to rectify the financial circumstances through legal action in our state civil court system, regardless of any action taken by authorities against the dog owner.

Source: Boston Globe, “Dalton police kill dog after attack on man,” Oct. 12, 2012

The death occurred more than two years ago. The 42-year-old man was in police custody, though the reason for his detention is not clear. His family has now pressed forward with a wrongful death action against five Massachusetts police officers. Crucial evidence upon which the family relies in bringing the federal lawsuit is a surveillance video which recorded the events upon which the legal claims are based.

The video apparently shows that the man was pepper sprayed by one police officer, who also placed handcuffs on him. While the man thereafter was face down on the ground, the group of police officers are said to have ignored the man for at least 10 minutes before calling for medical assistance. It is claimed that the negligence of the officers in failing to adequately care for an individual in their custody led to the victim’s death.

While New Bedford’s Mayor noted that no comment would be made concerning the pending wrongful death lawsuit, it was reported that the officers were dealt with administratively as a result of the incident. No details of that action were divulged. As the family moves forward with its claim, it will have the opportunity to prove that the actions complained of constituted negligence under Massachusetts law. If that is established, the family will then also need to prove that any negligence documented actually caused or contributed to the death of the man in their custody. Other Massachusetts residents could look into the laws surrounding wrongful death and consult an attorney to see how to proceed if they should find themselves in a similar situation.

Source: ABC6, “Family of Man Who Died in Police Custody Files Wrongful Death Lawsuit,” Melissa Toupin, Oct. 2, 2012