Injured permanetly due to the negligence of a third party.
It depends what you're asking. If you're asking whether you can sue for more than the limits of their liability insurance, the answer is yes, but the insurance company would only have to pay the limits of their policy. You would have to collect the remaining amount (referred to as an "excess judgment") from the defendant's personal assets, if any. Keep in mind though, that if you agree to settle for the insurance company's policy limits, you will have to sign a release of any claims against the defendant, not just for the amount of the insurance coverage. So, if you want the defendant to pay more than the amount of their insurance coverage, you will likely have to litigate and try the case. If your damages are well in excess of the liability insurance coverage limits, you probably would want to have an asset check done on the defendant before deciding whether to accept a settlement. These are important issues and ones that you need to discuss with your attorney-if you don't have an attorney, you should consult with an experienced personal injury attorney before making this important decision.See question
My question is, are these liens enforced by law or court Order in Massachusetts or can I get my full settlement minus the attorney's fees agreed upon? And afterwards make arrangements to make monthly payments on the medical bills outstanding?
If these are liens then the law requires that your attorney make sure they are paid before releasing funds to you. Otherwise, your attorney and the insurance company paying a settlement can be directly liable for the money. Sometimes, however, the amount of the lien can be negotiated down as a condition of your accepting the settlement (in other words you won't accept a settlement if all the money goes to the lien holder and nothing goes to you). Once you've accepted a settlement, however, you don't have much right or ability to negotiate a lien amount. There is a slightly different concept called a right of reimbursement where the insurer hasn't taken steps to enforce (the term is "perfect" its lien) but still has a right to recover amounts paid. I wrote a blog post explaining medical liens which you might find helpful It's at http://www.karonlaw.net/blog?id=365. In any case, you should discuss this in more detail with your attorney who can explain your options to you.See question
Shattered my shoulder needed surgery. This happened 12/23/16 still doing pt still in pain been out of work
The owner of the parking lot, the company that maintains it (if different) and anyone they retained to plow, salt or sand it could be potentially liable if they failed to use "reasonable care" to keep the parking lot free of dangerous ice. This will depend on the facts of your case. I suggest you call an experienced personal injury attorney to go over what happened in more detail. There's usually no charge for an initial meeting to evaluate if you have a case. Good luck.See question
Slip and fall injury resulting in a serious concussion Symptoms lasted 8 months and resulted in $7,500 in medical bills
Generally the fee is taken on the gross recovery, without taking into account the lien amounts, unless your contingent fee agreement specifically says otherwise.See question
Is a homeowner automatically liable to me for injuries if her porch broke which caused me to fall and get hurt?
Although it's not automatic, the odds are that they would be liable. A homeowner is under a duty to maintain their property in a reasonably safe condition for visitors. If they knew or should have known that the porch could collapse and didn't do anything to correct or at least warn visitors they would probably be found liable. In addition, they also are responsible for complying with requirements of the Mass. Building Code. Basically, the answer would turn on why the porch collapsed. That's something that can be determined by a qualified expert, if you retain an attorney early enough that they can get access to the wreckage. Even if it's been repaired, it's definitely worth speaking with an attorney, as you still may well have a provable case.See question
I was a passenger in an auto accident that was involved in a single car accident after swerving to avoid an animal and crashed into an extremely big rock. I sustained serious injuries to my leg and foot which I am still receiving medical treatment...
If the defendant's liability insurance limits are $20,000 then that is the most that the insurance company can be required to pay regardless of the amount that the jury awards for your injuries. If you get a judgment in excess of $20,000 against the defendant, you would still have the right to collect the amount over $20,000 but you would have to collect it out of the defendant's personal assets, assuming they exist to any significant extent. If you or someone in your household purchased an auto insurance policy with additional "undersinsurance" coverage then you may be able to obtain additional benefits from your own insurance company. (Undersinsurance coverage is designed to protect you when you are injured by a driver without enough coverage to fully compensate you for your injuries). Your situation is why I always recommend (as does Consumer Reports) that everyone purchase additional underinsurance coverage.See question
My son was at a birthday party about 3 months ago in Weymouth, MA He is 19 years old and iives with me.. He was out on the front deck of a 3 family condominium when it broke, causing him to fall and hurt his back and right hand. The insurance com...
There is almost never such a thing as a "freak accident". Massachusetts has a building code with specific requirements as to how decks are to be constructed to prevent them from collapsing. Some cities also have requirements for periodic inspections of certain structures. Decks which are properly constructed and maintained do not generally collapse. Unless it fell apart because it was hit by lightning or struck by a tornado, there is a good chance that the properly owner may have been negligent. A good personal injury attorney could help you evaluate your chances and would probably arrange (at no cost to you) to have this evaluated by a qualified expert in construction who could determine (assuming that the wreckage has been preserved or photos taken) whether it appears to be negligent. I advise you to contact an experienced personal injury attorney who can help you determine if you have a case. Under no circumstances should you just take the insurance company's word for it!See question
My case settled but I have a lien and a medical bill that have to be paid. I would like to know if the money is deducted from the settlement check by the insurance company and paid before the check is sent to the lawyer or is it paid by the lawyer...
It can be handled either way, but the important point is that the lien has to be paid (or sufficient funds withheld to pay it) before your attorney can release funds to you. I suggest you ask your lawyer how it's going to be handled. If you'd like more info on how medical liens work, my recent blog post "What are Medical Liens" provides a more detailed overview. http://www.karonlaw.net/blog?id=365See question
The demand letter was submitted to the defendant on 11/28/2016, today makes 77 days since it was presented to the defendant. The attorney told me the letter is confidential between him and the defendant. Am I missing something here? How do I get h...
It does sound strange. As the client you are entitled to copies of anything in your file. Although I do not routinely provide a copy of a demand letter to my clients, I've never refused to let them see it. I'm assuming you and your attorney have discussed the amount you're demanding in settlement. How much to settle for and whether to settle are, of course, your decisions, not your attorney's. If your attorney is not keeping you fully informed and letting you decide it could be time for a different attorney.See question
I was run over (twice) while walking down the sidewalk by a man driving backward down the sidewalk in his SUV at full throttle. He claims to have been backing into a parking space at the beginning of the block, and confused the gas pedal for the ...
Yes. You'll need to go over what happened in detail with an attorney and show them the paperwork so that your rights are protected. Also, if you or a family member owns a car you may have addditional insurance coverage available called underinsurance.See question