Scott D Goldberg’s Answers

Scott D Goldberg

Boston Personal Injury Lawyer.

Contributor Level 10
  1. Bodily injury insurance claim. Statute of limitations (3 yrs). Ins co makes offer. Claimant rejects. Nothing else is done.

    Answered 12 months ago.

    1. Miguel Amador
    2. Gilbert Richard Hoy Jr
    3. Scott D Goldberg
    4. Richard Wynn
    5. David Ian Schoen
    6. ···
    13 lawyer answers

    As you know, there is a Statute of Limitations, which is generally 3 years (with certain exceptions). What that means is that if the claim is not completely resolved within that time then you have to "commence a civil action" by filling a Complaint with a proper court. Negotiation with an insurance company, even when it makes an offer, does NOT extend this 3 year period. If you have a lawyer and the 3 years has come then ask your lawyer if he/she has filed a lawsuit, what court, and what is...

    15 lawyers agreed with this answer

  2. Rear ended on highway, person who hit me fled the scene. Myself and a witness got her plate number. I have servere whiplash now?

    Answered over 2 years ago.

    1. Scott D Goldberg
    2. Jeffrey A. Young
    3. Robert Don Fink
    4. Steven Mark Sweat
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    First, you did the right thing by going to the ER and getting checked out. If you are still in pain then you should contact your Primary Care Physician if you have one, and if not, then get a referral to a doctor. A personal injury attorney can help you with that. As for your legal rights, there are basically two ways that you can proceed depending on whether the other car is properly identified by the plate. If the car is identified then although the incident was a "hit and run" it is...

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  3. IF AN UNLICENSED DRIVER GOT IN AN ACCIDENT AND TOTALED MY CAR WOULD MY INSURANCE COMPANY PAY CLAIMS?

    Answered over 1 year ago.

    1. Scott D Goldberg
    2. David Ian Schoen
    3. Jeffrey A. Young
    4. John N. Mansella
    5. Michael Fray Suarez
    6. ···
    8 lawyer answers

    Yes, your auto insurance company would cover the claim. if you purchased Collision Coverage - Part 7 of your auto policy. This part is Optional. Check your Coverage Selections Page to see if you have coverage. If you were injured then you would have an Uninsured Motorist claim under Part 3 of the policy. How much you can recover is limited by the amount of coverage that you purchased.

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  4. Can i collect anything from a car accident due to whiplash and muscle spasms due to the car who hit me?

    Answered almost 2 years ago.

    1. Brian P Finnerty
    2. Scott D Goldberg
    3. Christian K. Lassen II
    4. John J Sheehan
    5. Henry Lebensbaum
    6. ···
    11 lawyer answers

    Yes, there are ways that you can pursue a claim. The extent of your recovery depends in large part on the extent of your injuries and various insurance coverages. I suggest that you contact an experienced auto accident lawyer who can explain your rights to you in person. Feel free to call me for a free consultation if you would like specific information.

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  5. As a massachusetts resident in a taxi that was hit in New York, which tort threshold is applicable? Massachusetts or New York?

    Answered over 2 years ago.

    1. Scott D Goldberg
    2. Henry Lebensbaum
    3. Michael T. Cupoli III
    4. James M Lynch
    5. Steven Mark Sweat
    6. ···
    6 lawyer answers

    The tort threshold that applies is the one for the state in which the accident occurs, in your case, New York. Depending on the extent of your damages you may also have an Underinsured Motorist claim under Massachusetts law.

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  6. I was the victim of a hit and run. Both my roommate and I were taken to the hospital can we sue the driver?

    Answered 12 months ago.

    1. David Ian Schoen
    2. Gilbert Richard Hoy Jr
    3. Miguel Amador
    4. Michael J. Szklasz
    5. Richard R. Madore
    6. ···
    10 lawyer answers

    Yes, you can sue the driver if he/she can be identified - but that is not the end of your legal options. You and your roommate may each also have rights to make a claim for benefits under an auto policy that you/your roommate owns (or if you/your roommate don't own a vehicle then possibly using a family member's auto policy). These claims can be tricky and need to be done correctly. I highly suggest that you consult with a top-rated Avvo personal injury attorney and ask about having...

    9 lawyers agreed with this answer

  7. Hit by car

    Answered over 1 year ago.

    1. Scott D Goldberg
    2. Kevin Michael Cloutier
    3. Christopher Francis Earley
    4. Jeffrey A. Young
    5. David J. McCormick
    6. ···
    8 lawyer answers

    Your ER bills will be covered under the drivers auto policy, specifically his Personal Injury Protection (PIP) coverage - Part 2 of his policy. If you require additional medical treatment then some of the bills will continue to go to his ins company and then it depends on what your auto policy (if you have one) and your private health insurance. We administer these claims for our clients as par of the representation. If you will require additional medical treatment I would be pleased to help you.

    9 lawyers agreed with this answer

  8. I was seriously injured in an auto accident in Massachusetts. The driver was Cited for speeding ect.

    Answered about 2 years ago.

    1. Scott D Goldberg
    2. David McCormack
    3. Jeffrey Mark Adams
    4. Martin W. Judnich
    5. Isabel Cristina De La Riva
    5 lawyer answers

    To answer your question directly, the result of the criminal trial is not only NOT binding on your civil claim for monetary damages but it is also not even admissible if your case were to go to court. There are 2 different standards applied, called "burden of proof." Once you have a lawyer, that attorney will likely submit a claim to collect from his MA policy to the other driver's insurance company. There are many factors in determining whether (and how much) that insurance company will pay....

    9 lawyers agreed with this answer

  9. I was hit by a kid 30 years of age who was driving parents car and hit me caused 6700 damage he is unins and not on parent pol

    Answered over 1 year ago.

    1. Scott D Goldberg
    2. Robert A. DiTusa
    3. Christian K. Lassen II
    4. Lars A. Lundeen
    5. Michael D. Kelly
    6. ···
    6 lawyer answers

    There may be ways to get you covered if you were injured. It would be called an Uninsured Motorist claim. At the time of the incident did you own an insured vehicle (even though it was not involved in the crash)? If not, did you live with a household relative who owned and insured a vehicle? As far as the damage to your vehicle goes, if you had collision coverage then your company will pay you (minus the deductible). If not, then you would have to sue the driver and possibly the owner to...

    8 lawyers agreed with this answer

  10. I hurt my back at work and they are telling me it may not be covered by workmans comp, why?

    Answered almost 2 years ago.

    1. Scott D Goldberg
    2. Kevin Michael Cloutier
    3. Elliot S Coren
    4. Henry Lebensbaum
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    If you were injured in "the course of your employment" then you should be covered by worker's compensation. In order to receive total or partial disability benefits, you have to be out of work for 5 consecutive days. Without that, you still may have your medical bills covered. In addition, an insurer can choose to pay you disability benefits under what's called a "Pay Without Prejudice" period, which means they can pay you for up to 180 days (and can extend it to 360 days) without accepting...

    8 lawyers agreed with this answer

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