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.

On the west coast, a state assemblyman intends to reintroduce a bill addressing these issues. It was ultimately defeated last year. At that time, their state governor exercised a veto amid concerns that passage of the law would adversely impact the elderly and infirm, particularly those who require 24-hour care.

New York has already passed a bill to further protect domestic workers. If the California assemblyman is successful with his proposed bill, his state will be the second to recognize these rights. Efforts are also being made in Massachusetts to address these concerns.

If passed, all domestic workers may be entitled to a number of basic employment benefits. In Massachusetts, that could include the right to receive workers’ compensation benefits beyond what the current statute already provides. This important insurance program provides covered workers with vital benefits for medical expenses and lost income from work for those that are injured or become ill on the job. Domestic workers may want to follow the progress of the California legislation to see if their cause is advanced in that state, a result which could spur Massachusetts legislators to further action in support of additional labor rights for all domestic workers.

Source: Huffington Post, “Domestic Workers Bill In California Brings Housekeepers & Nannies To The Streets (PHOTOS),” Kathleen Miles, March 13, 2013

The gas company received reports of a gas leak late on a Saturday afternoon. Officials moved to evacuate the area ahead of the 5:30 p.m. explosion. The people injured were primarily city and gas company employees. When gas workers discovered an explosion was imminent, most of the individuals who were injured took cover behind a utility truck. The truck was destroyed in the blast that followed.

In all, nine firefighters and two policemen, as well as four gas company workers, two civilians and a Springfield government employee were taken to two area hospitals for treatment. The nature and extent of their injuries was not detailed in a news report. However, officials lauded the quick thinking of the workers involved to prevent the potential for catastrophic injuries to a great number of people.

Workers’ compensation benefits are typically paid to employees in Massachusetts who are injured or become ill on the job. Firemen and policemen, however, do not come under the provisions of the statute and are handled separately according to our laws and procedures. Here, the gas workers and the injured city government worker are likely entitled to receive workers’ compensation benefits to cover their medical expenses and missed time from work, while the injured firemen and police officers have procedures that apply specifically to them.

Source: wistv.com, “Gas blast at Mass. strip club under investigation,” Nov. 24, 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

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

The worker was said to have been stuck for nearly a half hour before he was discovered and 911 was alerted. Local firefighters responded. Shortly before they arrived, others at the country club were able to lift the cart from the injured man. Though conscious, he was said to be in pain.

Rescue workers applied a medical splint. It was noted that the device used was intended for circumstances where a bone had been broken. Once placed on a backboard, he was transferred to Salem Hospital for treatment. No further word on his condition was immediately available.

A workplace injury is potentially devastating on several levels. First, there is the concern for the safety and well-being of the worker. Second, the employee faces medical costs and likely lost income from employment during any recovery period. Fortunately, Massachusetts workers’ compensation benefits typical apply in these circumstances to both assist with the costs involved and to cover the employee for lost income so that the injured employee may concentrate on getting better and returning to the job.

Source: Swampscott, MA Patch, “Tedesco Worker Injured in Cart Incident,” Terry Date, Aug. 20, 2012

The woman was working as a vet assistant on May 2, 2011 when she was asked to hold down a cat so that blood could be drawn. She did so, though she was reported to have open wounds and scratches on her arms that were unrelated to the cat. Subsequently, the cat was diagnosed with rabies, and the worker underwent a two-week series of rabies treatment that was initiated two days later. The treatment was based on the fact that she was exposed to the saliva of the cat during the blood drawing procedure. As a Massachusetts worker facing a similar predicament might do, she filed a workers’ compensation claim to cover her expenses related to the treatment.

A veterinarian in the clinic where the woman worked submitted a letter on her behalf. The doctor stated the worker was exposed to the cat’s saliva and thus could face the possibility of contracting rabies. Essentially, if the cat licked its wounds and the worker’s open wound came in contact with the saliva, the worker would be at risk for rabies. The doctor offered that she had confirmed with the local Virginia hospital that the worker needed post-exposure rabies treatment.

Nevertheless, a deputy commissioner of the Virginia Workers’ Compensation Commission denied the claim. It was held the mere possibility of exposure was insufficient to qualify for workers’ compensation benefits. In particular, the case originally turned on the fact that the cat apparently neither bit nor licked the worker. The state’s Department of Health indicated that wet saliva would have had to enter an individual’s central nervous system through an open wound or otherwise come in contact with the person’s mucous membrane.

On June 18, however, the Virginia Workers’ Compensation Commission chairman, as well as the commissioner and chief deputy commissioner, issued an opinion letter reversing the prior ruling and awarding workers’ compensation benefits. It relied on a previous state appellate court ruling that held exposure to a cat’s saliva through scratches was a compensable injury. Accordingly, the veterinarian assistant’s claim was validated, entitling her to benefits resulting from exposure to the rabid cat.

Source: The Washington Times, “Vet worker wins claim for rabies treatment,” David Sherfinski, June 18, 2012