Got hurt last October in a bowling alley and been to doctors and specialists
In general the statute of limitations in Massachusetts for personal injury cases is three years, meaning you usually have three years from the date you were injured. There are some exceptions which can extend the statute of limitations. In certain other cases there are notice requirements that could shorten the amount of time you have to bring a case. As a practical matter, if you think you might have a case you should consult with a personal injury attorney both to make sure you are within the statute of limitations but also because the longer you wait the harder it may be to locate witnesses and obtain evidence.See question
I hurt my neck driving for my employer was wondering if i can sue for disability.
It depends. If you were injured due to the negligence of someone other than your employer or another employee of your employer (for example, if you were rear-ended by another driver) then you could bring a claim against that person. This is known as a "third party claim". You can also make a claim for worker's compensation benefits from your employer's insurer. This will pay for your medical bills and a percentage of any lost wages. (The Massachusetts workers compensation law prohibits you from making a claim, other than a worker's compensation claim, against your employer for your injuries). If you do bring a third party claim, you will also be entitled to ask for compensation for your pain and suffering. You will, however, be obligated to repay the workers compensation insurer for the cost of any benefits they've paid (I've included a link to one of our recent blog posts that discusses how this repayment obligation works).
Nonetheless, you should still come out ahead if you have a valid third party claim. If you think you might, you should contact an experienced Massachusetts personal injury attorney.
Now we're going on 4 months and still haven't recieved my money is there any actions I can take thanks
The first thing to do is to call your lawyer and ask them why it's taking so long and when you should expect your money. There are a variety of reasons why disbursal of funds could take longer. In a wrongful death case, there could be issues of a portion of the funds having to be distributed through probate. There might also be issues of medical or other liens. On the other hand, there may be no good reason, in which case you might be able to bring a motion to enforce the settlement terms or an action for breach of contract. But, before you can decide on any of those options, you need to find out what the problem is.
So, I suggest you call your attorney and pose these questions to him or her. If your attorney refuses to speak with you, then you may have a different problem.
The other parties insurance company is not admitting fault. My question is, Is there any advantage to wait until last minute before status of limitation ends before suing in court?
No, there's no reason to wait until the last minute. The only possible exception would be if your doctors were still trying to determine the full extent of your injuries. Otherwise, unless active settlement negotiations are underway and about to resolve the case you might as well file suit.See question
Im a union ironworker that got a bad concussion from a crane swinging a beam that should have been over my head
A third party lawyer is a personal injury attorney who would handle a case against someone other than your employer for your injuries. In such a case you would have to prove the other party was at fault but unlike a workers compensation case you could receive the full value of your lost earnings and compensation for your pain and suffering. If you think you might have a case you should contact an experienced personal injury attorney soon as after 7 months the workers compensation insurer can bring a lawsuit against the third party. If your attorney brings suit before that time then you can can control the lawsuit which is to your advantage. In the meantime if you have a concussion you may want to go to the center for disease controls website www.cdc.gov as they have useful medical information on concussions.See question
Hello, My lawyer sent a demand letter almost 2 weeks ago to insurance and made a claim for for my broken ankle, I would like to know when the insurance is ready to give him a check, my lawyer has to show me the exact amount on check or i should j...
Well, I hope your attorney explained that just because he sent a demand letter doesn't mean that the insurance company has to make you an offer or make you an offer for the amount he demanded. Assuming that he did, any ethical personal injury attorney is supposed to let you know the amount of any offers and let you make the decision as to whether to accept the offer. So, the attorney shouldn't be settling your case without letting you decide whether the amount is acceptable and of course, without you knowing what the settlement amount is. When the settlement funds are received, your lawyer should be providing you with a written breakdown, itemizing the total amount of the settlement; the amount of the attorney's fees; the amount of any reimbursed expenses; and the amount of any other portions of the settlement not being paid to you (for example for medical liens). If your lawyer refuses to do so, then alarm bells should be going off. There's generally no set time for the insurance company to issue payment, but absent an express agreement, settlement funds are usually released within approximately 30 days from the insurance company's receipt of a signed release. Sometimes it can take longer, sometimes it doesn't take that long.See question
I tripped because the snow carpets weren't laid out flat. I am handicapped. As I fell, I landed half-way into the auto open and close doors. As I lay there in a puddle of mud the doors kept opening and closing on me until finally a customer came...
I can't tell you specifically whether you should accept the offer (in my opinion) without knowing a lot more. I can tell you, however, that if you convince a jury that the store was negligent, you are entitled to compensation for your medical bills (past, present and future), loss of earning capacity (not quite the same as lost wages) and your pain and suffering. Massachusetts juries do allow compensation for pain and suffering as well as the other elements of damages, when they are persuaded the defendant was at fault. If you try your case and lose, you could be liable for the other side's statutory costs, which are not attorney's fees or expert witness fees, but are the costs of things like deposition transcripts and subpoenas. Even then, the Court has the authority to waive imposing costs on you (I have lost trials, but never had to have a client pay the other side's costs). The crucial question in evaluating a settlement offer is are you likely to get more from accepting the offer or from trying your case to the jury. Sometimes, it may make sense to try your case even if your are likely to get more from a settlement because the amount offered in settlement isn't meaningful but there is a chance of a jury allowing more compensation. You do have to be prepared if you try your case for the possibility of losing because juries are unpredictable and sometimes deserving cases lose. At this stage, I can't tell whether your attorney is giving you good advice or is simply too scared or lazy to try your case. I am troubled by the statement that in this economy juries are not awarding monetary damages because, although juries are unpredictable, they certainly do award monetary damages in cases they find meritorious. if you are troubled, you may wish to contact an experienced personal injury attorney for a second opinion.See question
I was stopped at a red light when a driver for a major Boston car dealership slammed into me and totaled my car. My insurance company seems to be clueless and dropping the ball: can't figure out who insures the at fault driver, denies coverage for...
In Massachusetts, your first $2000 in related medical expenses due to being injured in an auto crash are paid by your auto insurer under what's called Personal Injury Protection ("PIP") coverage. After that, your medical bills are submitted to your health insurer but your auto insurer is still supposed to cover deductibles and co-pays up to an additional $6000 in coverage. Your auto insurer may also reimburse you for 75% of your out of pocket lost wages up to a maximum amount under your PIP coverage. If you have more than $2000 in medical expenses or a broken bone you may also have the right to bring a claim against the responsible driver. If you need to get your car repaired, the easiest way is to pursue a claim with your insurer if you have collision coverage. If not, you do have the right to make a claim against the other driver. Our firm's web site has a brief guide to personal injury auto insurance issues in MA.See question
My lawyer is sending out a settlement demand letter for a personal injury case but when I asked for a copy of it (it is ready) he claims he never does that with any client. I then asked for the amount he is demanding and he said he never discloses...
The case always belongs to the client, not the lawyer! It is for you to decide how much to settle your case for (or whether to settle it) not your attorney. A good personal injury attorney would have a conversation with you about what they recommend would be a reasonable settlement amount and why (which usually means do they think you will receive more compensation from trying your case or settling it). They should not be settling your case unless you have specifically provided them with authority to settle it for a certain amount. Now, if you have, then the amount of their demand, which is the number that they use to get the conversation started and negotiate from is of less concern. Nonetheless, your attorney should always be willing to answer any of your questions. Although its not routine to provide a copy of the demand letter, the client is always entitled to copies of anything and there is no basis for your attorney to refuse your request for a copy of the letter or to refuse to tell you what the demand amount is. Moreover, the attorney is supposed to report all settlement offers to you. Unfortunately, what you describe does set off some alarm bells and you may wish to get a second opinion on your case from an experienced personal injury attorney. If your attorney continues to refuse to answer your questions, you may want to retain another attorney and your present attorney's conduct may violate some disciplinary rules of the Board of Bar Overseers. I would caution, however, that the foregoing is based solely on what you have written and their could be additional facts that might affect my perspective on what's going on.See question
They do in discovery...but what about during the claim, pre-suit, process
Yes. Massachusetts General Laws Ch. 175 Section 112C requires that an insurer disclose its liability coverage policy limits within 30 days of receiving a written request from an injured person or their attorney. The insurer is liable for $500 and costs and attorneys fees if they fail to provide the information within that time.See question