Year: 2016

Maximizing Your Personal Injury Compensation

Posted by David Curtis on

I always tell my clients after our first meeting, “At the end, I want you to be happy with the amount of your settlement.  But, you get out of it what you put into it.”   What is meant by this phrase is, the client must be compliant with his or her medical treatment.  

So many clients start off with a good injury case.  The liability is clear.  The car was a total loss.  Perhaps you went by ambulance to the emergency room.  The ER doctor tells you have a bad knee or shoulder injury and to follow up with your primary care doctor right away.  But then the client does not promptly follow up with their doctor for much needed treatment.  This is called noncompliance.  Insurance companies love to see this.  They use noncompliance to discount the value of your settlement.  When I go to settle a client’s case, I regularly hear the insurance adjuster beating his/her drum saying, “your client was not compliant with his recommended treatment.  I am discounting the settlement value based upon the “gaps” in treatment.  He must not have been that seriously injured”.  

Generally, I see lots of reasons why the client can’t get on track with medical treatment.  The problem is, many of my clients have busy work schedules and/or are limited in their resources.   They can’t stay home from work and go to doctor visits.  Maybe there’s only 1 car in the family.  The problem is, the client will not get credit for their pain and suffering unless they attend regular and consistent medical visits.  It’s a trap the insurance companies love to prey upon.   

In Massachusetts, an injured person must accumulate $2,000.00 or more in medical bills to have a settlement for pain and suffering; barring any bone fractures or permanent injuries.  Getting to this mark requires some consistent effort.    

Clients need to stay focused if they want the “pot of gold” at the end of the rainbow.  Do you recall the theme song from Rocky III, The Eye of the Tiger?   It’s the thrill of the fight, rising to the challenge of our rival… if the client can simply stay focused and immediately attend medical appointments and continue going to them, the client will rise to the challenge of our rival insurance company and achieve a nice financial reward at the end of the personal injury case.  

Steps for Proper Automobile Repair After an Accident

Posted by David Curtis on

When you are involved in a car accident, and your vehicle sustains physical damage, there are certain steps one should take to get their automobile properly repaired:

  1. If you have full coverage, then use your own insurance to pay your claim.  Your own insurance company will treat you better because you are their customer.
  2. Don’t use the other person’s insurance to repair your car, unless you do not have full coverage.
  3. Do not give a recorded statement to the other person’s insurance company, unless there is an attorney present.  Saying the wrong thing to the other side can damage the outcome of your claim.  
  4. If your car is a total loss and you don’t have full coverage, try and have the car towed to your home or a secure location.  This will stop the accrual of storage costs at the tow yard.  Store costs can be as high as $35.00 per day.
  5. Make sure the police are called to the accident scene.  A Police report helps the insurance company determine liability faster.  
  6. Complete a RMV crash report.  Completing a crash report helps the insurance adjuster determine liability faster.  A crash report should be completed within five days of the accident in accordance with MGL c. 90, section 26.  This can be found at the RMV website www.massrmv.com/rmv/forms.  
  7. Take pictures of the accident scene.  Look for skid marks left on the roadway.  
  8. Take pictures of any bruising or lacerations to your body.
  9. Hire an experienced Haverhill personal injury attorney to help guide you to success with your claim.  

What should you do after a car accident?

Posted by David Curtis on

When you are involved in a car accident, there are certain steps one should take to protect their interests.  Sometimes after an accident, you are in a state of shock and perhaps not thinking clearly.  But, if you follow these simple steps, you will help yourself in the long run.

  1. Call the police.  Having the police come to the accident scene and take your statement as well as the statement of the other driver will preserve evidence.   This locks in the testimony of the at fault driver so that stories cannot be changed later.
  2. Complete a RMV crash report.  A crash report should be completed within five days of the accident in accordance with MGL c. 90, section 26.  This can be found at the RMV website www.massrmv.com/rmv/forms
  3. Do not communicate with the at fault driver’s insurance company.  They will try and obtain a recorded statement from you.  Without knowing what to say, you can say the wrong thing and diminish the value of your injury claim.
  4. If you are injured, seek medical attention immediately.  If you wait more than two weeks, the insurance company will discredit your treatment as not being related to the accident.
  5. If you have collision coverage, then use your own insurance to pay your auto claim.  Do not go through the at fault insurance to pay your auto damage claim.  They will not provide you with the same level of customer service.
  6. Take pictures of your damaged car and of any bruising you may have suffered during the accident.
  7. Hire an experienced personal injury lawyer to assist you with completing paperwork and negotiate your path with the injury claim.