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.

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 fatal accident occurred in the early morning hours of the last Saturday in March. Details of the crash were few, though authorities asserted the accused woman was both drunk and under the influence of heroin. Her blood alcohol content was reportedly .14 percent, well over the Massachusetts limit of .08 percent. Both vehicles apparently overturned.

The victim was adored locally and worked at a Dunkin’ Donuts in her hometown. She was a college freshman and was home on spring break at the time of the tragedy. The crash site occurred along Route 44, and a memorial to the victim was set up near the crash site. The injured passenger from the pickup was airlifted to a Boston hospital, though the specific nature and extent of her injuries was not disclosed.

The woman’s arraignment took place in Wareham District Court, and bail was set at $100,000. The victim’s family and the injured passenger will likely follow the progress of any further police investigation as well as the criminal proceedings. They each have the right to pursue claims for monetary damages under Massachusetts personal injury laws with regard to the fatal accident. Any criminal conviction obtained against the driver thought responsible may be offered as evidence of liability in a related civil lawsuit for reimbursement of monetary damages.

Source: southcoasttoday.com, “Friends remember teen who was “angel on earth”,” Simon Rio, April 2, 2013

The pickup driver is a resident of Cape Cod. Authorities indicate he lost control of his vehicle while traveling on Sandwich Road, swerving into the oncoming lane of travel. Tragically, two women in their early 80s were occupying a car that was struck head-on by the pickup.

A passenger in the car died from injuries sustained in the crash. The 81-year-old victim was a noted pediatrician from Middleboro who had retired from her medical practice. There were no reports of injury to the 82-year-old driver of the car in which the deceased victim had been riding.

Police have now charged the pickup driver with homicide by motor vehicle and related charges. As of a news report concerning the crash, an arraignment date in Falmouth District Court was pending a magistrate’s hearing. There was no indication that the accused man suffered any injuries in the collision.

The criminal charges against the man will now proceed through the Massachusetts court system. In the meantime, the deceased woman’s family has the right to pursue a civil claim as a result of the fatal accident. If the family can prove that the man negligently caused the collision, claims for reimbursement of monetary damages sustained will be heard. The family’s burden of proving liability may be eased by the fact that the pickup driver has apparently admitted he fell asleep while driving his vehicle.

Source: capecodonline.com, “Police: Cape pediatrician died in crash caused by sleeping driver,” Amy Anthony, Feb. 25, 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

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

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

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 50-year-old driver had two passengers in his vehicle. One of them, a woman said to be 41 years old, died as a result of the injuries she sustained in the crash. All three, along with the driver whose car was struck, were taken to a local hospital. The female victim was declared dead. The driver, who is suspected of being intoxicated, was subsequently transferred to a Boston hospital, where he was arraigned on drunk driving allegations and a felony charge of vehicular manslaughter.

The other driver is a resident of Salisbury. Said to be 20 years old, he apparently escaped serious injury in the crash. The injuries sustained by the other passenger in the car of the wrong way driver were not detailed. Massachusetts authorities are looking into where the now criminally accused driver was prior to the fatal accident. Preliminary reports indicate that Salisbury and Newburyport police suspect the man may have been a patron of a bar or restaurant that may have served the driver alcohol in spite of indications he may have been drunk.

As this case heads toward a Massachusetts criminal court, the family of the deceased victim is likely struggling to come to terms with the tragedy. As the family members try to cope, they will surely take interest in the official investigation into the fatal accident. Should the evidence suggest that the woman lost her life due to the negligence of the wrong way driver and/or another party, our state courts will consider a civil claim for wrongful death. To prevail in this type of lawsuit, the family will need to prove the fatality occurred as the result of another party’s negligence.

Man charged in fatal car accident,” Dave Rogers, Jan. 3, 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

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

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

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

A Massachusetts State Police spokesman disclosed that an 84-year-old driver was headed eastbound in the westbound lanes of the turnpike near Exit 6 around 8:30 p.m. That vehicle collided with a westbound car operated by a 29-year-old man. Both drivers were rushed to Baystate Medical Center, where they were both pronounced dead.

The identity of the drivers was not initially disclosed. Though others were also said to have sustained injury in the fatal accident, the surrounding circumstances were not revealed. It is not known if others were hospitalized or what injuries were sustained. Few other details are known.

Massachusetts State Police will presumably continue to investigate the fatal accident to determine exactly what occurred. The roadway was closed for about 2.5 hours in the aftermath of the crash. While preliminary information would appear to point to the wrong way driver as bearing responsibility for the collision, the surviving families and injured victims will likely await further information to assess their rights and responsibilities under state law. Should the evidence document that the elderly man was negligent in a manner that caused the crash, his estate may face legal claims for wrongful death and personal injury stemming from the tragedy. Upon proof of negligence, those suffering injury are entitled to claim monetary relief based on documentation of damages sustained.

Source: The Boston Globe, “Two dead after four-vehicle Ludlow crash caused by a driver going in the wrong direction,” Derek J.Anderson, Sept. 8, 2012

The fatal accident occurred westbound on I-291 at the on-ramp to the southbound travel lanes of Interstate 91. No information about the mid-afternoon collision was initially disclosed beyond the fact that three vehicles were involved. The name of the victim was withheld so that authorities could formally notify her next of kin.

The crash was said to be under investigation by the Massachusetts State Police as well as the office of the local district attorney. There were no reports of any arrests in the immediate aftermath of the tragedy. As more information is available, the parties will be in a better position to assess their rights and responsibilities under state law.

One thing appears certain: a woman has lost her life for doing little more than riding as a passenger in a car. Her surviving family likely has more questions than answers as each member struggles to come to terms with what happened. While they await the results of the official investigations, they retain their right to turn to our state courts to pursue wrongful death claims against any party or parties alleged to have been negligent in a way that caused or contributed to the fatal accident. A successful claim will not undo the events which occurred but could help avoid adding a financial tragedy to their already immeasurable grief.

Source: The Boston Globe, “One woman dead in three-car crash in Springfield,” Jaclyn Reiss, Aug. 5, 2012

Jose Torres, a 27-year-veteran of the Westfield Police Department, was working the construction detail when he was injured. He was taken to Baystate Medical Center in Springfield where he died shortly thereafter from his injuries. He leaves behind a wife and two children.

Torres had been cited at least two times during his career for heroism. He thwarted an attempted suicide in 1996 by climbing a fire escape and stopping a man from jumping. When the man jumped back through another window to escape Torres, he caused permanent scarring to the officer’s face. In 2000, Torres was charged with the responsibility of stopping speeding vehicles and barely escaped injury when he used a ‘stinger spike’ to stop a car.

The site where Torres was fatally injured is part of a water line project that is being upgraded. The accident occurred about 7:30 in the morning. OSHA investigators were at the scene shortly after the accident.

The manner in which an officer’s life is taken is irrelevant. Especially in a case like this, where the officer is known for his heroics protecting Massachusetts’ citizens, it is clear that he would do his job no matter what the danger. Whether any civil or criminal action will be filed against the construction company or other parties as a result of the fatal accident will likely depend to a large degree on the results of any formal investigations, including one conducted by OSHA.

Source: MassLive.com, “Westfield police officer killed in construction site accident identified as Jose Torres,” July 26, 2012

Little did he know when he went to work that day that he had already played his last song. Instead, his family would soon be fighting for justice by filing a wrongful death claim against the companies whose negligence allegedly caused his death in a propane tank explosion that summer day.

The wrongful death lawsuit subsequently filed by the victim’s family alleged several acts of negligence against EnergyUSA Propane and Smolinsky Brothers Plumbing and Heating (Smolinsky) in regard to the installation of a new underground propane tank at the condominium development.

EnergyUSA was accused of under-filling the tank, leaving it four-fifths empty in spite of an industry standard of four-fifths full. This allegedly led to dissipation of a protective odor, akin to the smell of rotten eggs and used as a warning of leaking gas.

The complaint also claimed that Smolinsky negligently failed to tighten a connection to the furnace, which allegedly allowed the undetectable propane to escape and ultimately result in the explosion that killed the electrician.

Others were seriously injured as well, including two Massachusetts firefighters, a resident of the complex and four construction workers. Two of those, who were onsite when the explosion occurred, were critically injured and ultimately settled their own lawsuits in early July for $22.5 million. On July 9, the surviving family of the deceased electrician settled a separate wrongful death claim against EnergyUSA and Smolinsky for $7.5 million after having demanded a jury trial.

In addition to the wrongful death settlements recently announced, the Massachusetts state fire marshal is said to be spearheading a national drive for more stringent safety regulations concerning propane. The marshal has been joined in that effort by the Norfolk fire chief and the state’s Department of Fire Services. Indeed, the efforts are said to have already spurred new regulations for propane industry safety within our state, designed to prevent a recurrence of what was described as a needless tragedy. For its part, the electrician’s family is pleased their brother’s death may prevent future tragedies.

Source: wickedlocal.com/franklin, “Family of 2010 Norfolk propane explosion victim settles,” Heather Mccarron, July 10, 2012

Recently, some sense of justice has been brought in the fatal accident as the speedboat driver was found guilty for his involvement in the crash. The Westfield, Massachusetts man was convicted by a Hampshire Superior Court jury of negligent homicide and misleading a police officer. According to a news report, he was sentenced to five years in prison. The jury cleared the man of a handful of other charges, including manslaughter.

This father and son outing turned tragic by the negligent and arguably reckless conduct of the boat operator. It was reported that prosecutors said the man had been drinking beer and smoking marijuana the day of the accident.

Any wrongful death is tragic and some truly make no sense whatsoever. Instead of idyllic memories of shared time with his young boy, the father and family are left with images of a heinous and avoidable boating accident. It is not known if the family will turn to the Massachusetts court system to seek further relief for the tragedy which befell them. What is known is that their lives were inalterably changed due to the arguably self-indulgent and seemingly heartless decisions of another individual.

Source: Boston.com, “Mass. gets 5 years in fatal boat crash,” June 22, 2012