In Massachusetts, the statutory requirement for bodily injury is only $20,000.  This means, if you are involved in a motor vehicle accident with a car insured in the Commonwealth of Massachusetts, there is at least $20,000 in bodily injury coverage.  More times than not, a client will call and tell me he or she has serious bodily injuries.  Some with fractured arms or legs.  Others have broken teeth or torn muscles which require surgery.  I always advise the potential client not to hesitate, come to my office right away.  If there is minimum insurance available, my advice is to achieve a settlement with the insurance company before a medical lien sets in on your personal injury case.  This must be a consideration.  Once a statutory medical lien is perfected against a personal injury case, paying the hospital out of your settlement becomes a legal obligation.  There are legal ways to avoid a medical lien on your personal injury case.  I can help you with this.  Typically, there is not enough insurance available to satisfy serious bodily injury claims.  Probably half of the people on the road in Massachusetts carry only a 20/40 bodily injury limit.  Unless you carry optional bodily injury underinsured motorist insurance on your own auto policy, only 20,000 for insurance coverage will be available to cover your serious injuries.  Even worse, in New Hampshire, an individual is not required to carry liability insurance on their vehicle, unless they have a bank loan on their car.  Therefore, if you are seriously injured in a car accident or a slip and fall, please do not hesitate.  Contact a personal injury or car accident lawyer immediately.  I want you to obtain the most money for your injury as quick as possible.

Did you know you can get a personal injury settlement, even if a car or truck crashes into you and flees the scene of the accident.  Yes, you certainly can, and you do not receive a surcharge from your insurance!  One of the great misconceptions I regularly see among clients, is they believe they will get a surcharge if they pursue an uninsured bodily injury claim against their own auto policy or a friend’s, when it involves a hit and run accident.   Please let me be clear, the only way you receive an insurance surcharge is if you are found 50% or more at fault for the motor vehicle accident.  Surcharges are based upon a fault system.  So long as you are not at fault for causing the car accident, the insurance company will not surcharge you for going after a personal injury case.   Therefore, please do not be mistakenly scared away from obtaining a personal injury settlement.  If you are hurt in a car accident and it was not your fault, please get the medical attention you need and call a personal injury lawyer if you need help.

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.