Personal Injury FAQ
Q: I was seriously injured in an accident. Who will pay my medical bills?
A: Massachusetts is a no-fault insurance state. Although that means your insurance will help you recover some of your expenses, it limits your ability to recover from the person who caused the accident. All Massachusetts drivers must carry Personal Injury Protection (PIP) as part of their insurance. PIP coverage provides the first $2,000 of medical bills and a minimum of $8,000 per person for lost wages, replacement services, and death benefits. Private health insurance pays the remaining medical expenses. PIP will cover medical bills ranging from $2,000 to $8,000 for people without health insurance coverage.
However, if your injuries are severe, you may be able to sue the person whose negligence caused your injuries. If your medical expenses exceed $2,000, or if you suffer loss of sight or hearing, permanent disfigurement, a fracture, or if a loved one dies as a result of the accident, you can sue the other driver.
Q: I was not injured right away, but some time has passed and now I think I might be suffering from an injury related to accident, medical procedure, or encounter with a defective product. What should I do?
A: Accident-related injuries are sometimes not immediately noticeable. Massachusetts law recognizes that not all injuries are immediately apparent, and the law generally provides that you have three full years after an accident, medical procedure, or encounter with a defective product to file a personal injury lawsuit, subject to some exceptions and limitations. If you are feeling discomfort after an accident or medical procedure, or if you think you have been injured by a dangerous or defective product, you should seek medical treatment immediately and document the nature of your injury. You should also notify your health insurance, and if your injury resulted from a car accident, you should also notify your car insurance.
Q: I was injured at work. Who pays my expenses?
A: Massachusetts law requires that all employers have Workers’ Compensation insurance, which covers medical expenses and part of your lost wages if you have to miss work for more than five days. Having this insurance protects your employer from being sued. You can, however, sue any third party who may have been responsible for your injury.
If you have difficulty obtaining benefits you believe you are entitled to, the Massachusetts Department of Industrial Accidents, which is an alternative court system in place to help disputed Workers’ Compensation claims, can assist you. You do not have to have an attorney for proceedings in front of the Department of Industrial Accidents, but an attorney experienced in Massachusetts Workers’ Compensation issues will ensure you receive the maximum benefits you are entitled to. If you do hire an attorney, Massachusetts law provides that if you win your case, you can recover your attorney’s fees, and if you lose, your attorney can only charge you for specific items.
If you have been in an accident, or if you have been injured at work, by a defective product, or suffered an injury due to negligently-performed medical procedure, you may be entitled to recover your expenses and other damages. To learn how our attorneys can obtain results for your specific case, contact Devine Barrows, LLP for a free initial consultation.
