Personal injury law includes motor vehicle and slip and fall (including snow and ice) accidents. In Massachusetts, a person who suffers personal injury has a right to seek and obtain compensation from the individual or business responsible for the accident or their insurance company. Compensation may mean payment of your medical bills, property damages, lost wages, money lost due to an inability to work, and a settlement for the pain and suffering you experienced while recovering from your injuries. The goal of personal injury law is to "make you whole" or to put you in the same position you were in before you were injured due to another's fault.
In a motor vehicle accident, often a person has a need for compensation, as they have suffered numerous personal injuries and damages. In Massachusetts, all owners of motor vehicles are required by law to purchase and maintain an insurance policy on their vehicle. These insurance policies play a significant role in the amount and type of compensation a person may recover if injured in an accident. Because insurance companies often will attempt to reduce or deny entirely payment of a claim (often when they are legally required to pay!), it is important that you contact an attorney after you have been involved in an accident to protect your rights and to ensure the timely and proper payment of your claim.
If you are injured in an accident, your medical bills are paid by your insurance company or the insurance company of the vehicle you were in, even though the accident was caused by another vehicle. These payments are called PIP benefits and a person may recover up to $8,000 in medical payments (or $2,000 if they have private health insurance). PIP benefits apply to any reasonable and necessary medical treatment, including ambulance, emergency room, hospital, chiropractic, and physical therapy treatment.
If you incur $2,000 or more in medical bills after an accident, you are entitled to bring a pain and suffering claim and receive a settlement from the insurance company of the person responsible for the accident. The amount of the settlement depends upon a variety of factors (such as the amount of medical bills, the type of injuries suffered, the degree of responsibility for the accident, etc.), though the intervention of a skilled, aggressive, and experienced attorney is critical to obtaining a fair settlement. If you are not responsible for an accident (or less than 50% responsible) and incur $2,000 or more in medical bills, than you are entitled to bring a pain and suffering claim and receive a settlement.
If you are injured in an accident and the other vehicle was not insured at the time, you are still entitled to the payment of your medical bills by your insurance company (or the insurance company of the vehicle you were traveling in). You may also bring an uninsured claim pursuant to your own insurance policy (or that of a household member or that of the vehicle you were traveling in) for your pain and suffering and receive a settlement. The fact that the other vehicle was not insured does not prevent you from obtaining the full compensation you deserve.
If you are injured as a result of a slip and fall accident (including snow and ice) caused by another, you are entitled to full and fair compensation for your injuries. There is no requirement that you incur a certain amount of medical bills before you are entitled to a pain and suffering claim. Most of the time, the most important factor is the extent to which the owner of the property where you were injured is responsible for your accident. However, since these type of cases are often complicated, contested, and require a high level of expertise, it is important that you contact an experienced attorney right away to assist you in the successful pursuit of your claim.
If you have any other questions about your rights in personal injury, please feel free to contact me anytime at (617) 477-3645 or firstname.lastname@example.org.