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Scott D Goldberg
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Scott Goldberg’s Answers

105 total


  • Auto injury , can PIP deny any medical process

    I had a not at fault auto injury (rear ended). Car repair damage is costing over $6000 (My collision is paying and will subrogate). I had upper & lower back, neck and shoulder injury (soft injury). Refused Ambulance but I have report from Amb...

    Scott’s Answer

    PIP was initially designed as "no fault" coverage, meaning that the insurance company would most likely pay your bills without much challenge. Unfortunately, it has become complicated and contested. The system is no longer designed for the consumer to do this without an attorney.
    The answer to your question is that an experienced auto attorney - who administers PIP for his clients - should fight for your right to have these bills paid. Generally, PIP will pay the first $2,000 of your bills unless you do not have health insurance or have MassHealth, in which case it will pay up to $8,000. You have certain obligations in order to collect PIP. Has the insurance company sent you for an "Independent" (Insurance) Medical Exam referred to as an IME? I would need to know more of the specifics of your situation to properly advised you. Also, it is worth noting that you may well have other rights - rights for compensation for pain and suffering - that you are not protecting or properly proceeding. If you would like more information or to know your rights and how to pursue them you should contact an experienced auto accident attorney. Avvo can help you find one. Please feel free to call me.

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  • Is there a different statute of limitation for a minor child for a personal injury liability case?

    Minor female child, almost 4, was bit on the lip by a dog. The dog's tooth went through her lip

    Scott’s Answer

    I am sorry to hear about the serious injury your child suffered form the dog bite. I am well aware of these situations having represented clients attacked by dogs, including lip injuries and minors. (You can see the reviews of Susan F. and Perretty on Avvo and my website. www.goldberglawfirm.net.
    Technically, the Statute of Limitations remains at 3 years - however, for a minor the time at which you begin counting from is not from the date of injury but rather it is from the date the child becomes of legal majority. Therefore, while the Statute is the same the expiration of the statute (the time limit to file a civil action if necessary) is extended 3 years from that date.
    Notwithstanding, I encourage you to consult and hire, on a contingent fee, an attorney as soon as possible. There is much to be done to properly prepare the case from early on.
    I hope this answer helps. Feel free to contact me if you have any additional questions or would like to discuss this situation and your rights further.

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  • What are the conditions for Auto insurance PIP payment ?

    I have an Employer funded (Self Funded) health insurance (is that same as ERISA plan ?) Had a car accident (100% other party's fault and major damage to car) and suffered whiplash . Went to a Chiropractor and getting good results. The Ch...

    Scott’s Answer

    Personal Injury Protection (PIP) insurance coverage has become complicated if you don't know how to work the system. My firm administers the coordination of PIP and health insurance for our clients. You are asking all the right questions.
    Generally, and I would be pleased to explain this further over the phone if you would like, PIP would pay the first $2,000 in "reasonable and necessary" medical expenses, (along with co-pays, deductibles, and 75% of lost wages) and then medical expenses would be submitted to your health insurance, up to a max of $8,000.
    However, it is important to know that because you have an ERISA plan PIP is responsible for paying the full $8,000 before any medical bills are submitted to your health insurer for payment!
    As for your deductible, I would need a little more information to be able to answer your question. Again, I am available to discuss this with you if you would like.
    In the meantime, I hope this explanation helps.

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  • I was injured in a car accident 2months ago i was paid for my damages to car but now my back kills. Can i sue?

    The other guy was at fault. His co paid me for the car which was totaled.

    Scott’s Answer

    In your situation, in Massachusetts there are 2 types of claims that you may be able to pursue. The first is for Personal Injury Protection (PIP) benefits that will pay some or all of your medical bills depending on certain factors such as whether you have health insurance. My firm administers the PIP claims for our clients. The second potential claim is for compensation for pain and suffering. (Note that it usually starts out as a claim not necessarily a lawsuit.) Under Mass law you need to have either $2,000 of "reasonable and necessary" medical expenses, (and there are other ways to qualify such as a fracture or scarring. The most important 2 things that you can do right now is: (1) go to a doctor, your primary care physician if you have one, is a good place to start. Be sure to tell the doctor that your pain started following the car crash (assuming that is the case); and (2) contact a qualified Massachusetts personal injury attorney who has a lot of experience with PIP and bodily injury claims. One way to find a lawyer is to search Avvo and look for the highest rating (10). You may also want to consider what his reviews say about him. I hope this answer helps.

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  • I have a deposition on Friday for a slip and fall accident inside Mass General Hospital what can I expect of that deposition?

    They said they have a liability for $20.000 is that true I have a lawyer but is like he has never done this type of case suggestions please

    Scott’s Answer

    First, I would be hesitant to be represented by a lawyer who hasn't done these types of cases before. To answer your question, yes, there is a maximum that you can require against the hospital, which is set by statute; however, this does NOT apply to other companies that may also share responsibility, such as a cleaning company. Second, those of us who have taken and represented clients at depositions for many years have a detailed and specific way to prepare our clients to testify. It involves not just what you say, but how you say it. I can't give you that information in this response, nor do I seek to interfere with your existing atty-client relationship. You may do well to request that you lawyer continue (postpone) your deposition for a short time during which you may wan to talk to a more experienced personal injury lawyer. I hope this answer helps your current situation.

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  • Can I fired my current Workers Compensation attorney if I'm not satisfied with his services and practice?

    Can I, at any time fire my current WC attorney and hire an other one or go pro-bono if I choose to.? Thanks.

    Scott’s Answer

    Yes, you as the client can always change lawyers. It may, or may not, be in your best interest and you may owe her or him a fee for the work done. It really depends on where your case is in the proceedings. Generally, I don NOT recommend going pro-bono; there is much to know about how to best prepare and present your case. I suggest that you consult with a Boston personal injury attorney who can consider your specific facts. Good luck.

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  • I fell on sidewalk

    I fell on ice on sidewalk went to hosp 2 days afterwards took pics of my foot & where I fell so how do i know if its the city or the homeowners fault for not shovling someone saW me fall I am getting two diff stories that its citys other its the...

    Scott’s Answer

    I am sorry to hear that you were injured because someone didn't take care of their property. Since you know exactly where you fell, get the street address or addresses nearest the area. Then take your photos with the addresses to the county's Tax Assessment Office and its Registry of Deeds, the clerks can help you look up on the town plan map who owns the property. Also - and this is crucial - because you were injured in a slip and fall accident caused by ice, Massachussetts' law requires that a Notice of Claim be served within 30 days. The Notice and Service requirements are specific in a statute. I suggest that you consult with a top personal injury lawyer (you can find one on Avvo) as soon as possible and discuss your situation and serving the Notice to preserve your legal rights. I hope this information is helpful to you.

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  • What to do about a parked car getting hit?

    I was accused of hitting a parked car. I was not there at the time of this accident. I am not sure what to do.

    Scott’s Answer

    First, how did you find out you are being accused of hitting a parked car? By letter? Is there a police report? Did you learn of this from another insurance company? Your company? If it was from another company I suggest that you make 2 calls: first, call them back and tell them that it was not you and your car was not there. and second, call your company and let them know about the allegations and tell them that it was not you. Your company may also want to take a statement from you or inspect your car. I hope this information helps.

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  • Should I just give up?

    Hi, so it's been awhile since my car accident, lawyer withdrew my case didn't want t go to court. I am currently searching for another but, so far no one wants to waste their time I assume. It's adding to my depression from the military and I'm ho...

    Scott’s Answer

    First, let me say that I am sorry to hear of your injury and situation, and thank you for serving in the military.
    As for your question, I would need to know and analyze your case: the facts to determine the likelihood of proving liability and your injuries and damages to determine the scope of the case. There are many other considerations such as: the date of your crash, has a lawsuit been filed? Was your lawyer just looking to settle your claim quickly and easily?
    So, to answer your question, don't give up yet! get a copy of your complete file from the attorney. Find out whether he or she is looking for a fee for the work done. Then contact a top rated Boston Personal Injury Lawyer. Most of us will give a free consultation.
    I hope this information helps. Please feel free to let me know if you have any other questions.

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  • Medical negligence?

    Had a CT scan a year ago for a severe headache at the local hospital in the Er. The report only noted a sinus infection. A year later I had an Mri because half my face has gone numb, severe headaches and unbalanced. They found an acoustic neuroma....

    Scott’s Answer

    To answer your specific question more information in needed. However, to give you a summary, medical negligence cases in Massachusetts are very difficult. There are several hurdles that you must clear: (1) you will need a medical expert to give an opinion that the Dr. deviated from the appropriate standard of care, you will need this in writing, (2) you will need to present your case to a tribunal that will decide if you can proceed; if it decides against you then you will need to post a bond, (3) you may need to fund the case, which can be very expensive, and (4) your damages must be significant - which usually means permanent - to make it all worthwhile. I suggest that you obtain a complete set of all of your medical records and have a consultation with a top personal injury, medical malpractice attorney. You may want to get more than one opinion. Please let me know if I can direct you to someone. I hope this information helps.

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