Do I need a lawyer?

If you’re even wondering, chances are you do.  If you have serious or long-term injuries, you definitely do need a lawyer.

 

Warning: Anything you tell or give to an insurance company may be used against you.  Do not talk to any insurance company representative -- not even your own company -- without talking to a lawyer first.  This first call to us will not cost you anything, and may save you a lot.

 

Some insurance companies are quick to call you to offer a settlement before you hire a lawyer.  What they won’t tell you is why they are in such a hurry: on average, claimants who have lawyers get significantly larger settlements.

 

By law, insurance adjusters cannot advise you on whether you need a lawyer. To do so is unlawfully practicing law without a license.  Only a lawyer can legally advise you about whether you need a lawyer.

 

Sometimes, though, you really don’t need a lawyer and you can safely handle your claim on your own, with a little direction. If that’s the case, we will gladly give you the free advice you need to get yourself a fair settlement without incurring a lawyer’s fee.

 

So if you’re not sure whether you need a lawyer, call us.  If you don’t need a lawyer, we’ll be the first to tell you.  If you do need one, you’ve called the right place.

How much is my case worth?

It depends.  (Most of these answers begin with “it depends” because every case is unique.)  No reputable lawyer would even try to tell you what your case is worth soon after your injury.  Only time can tell how serious or long-term your injuries are, and therefore what your case is worth.  Ultimately, your case is worth what a jury or judge will give you after a trial.  Settlement value is based on our assessment of what the court is likely to do -- after we have all the information we need to do this properly.

 

The value of your case depends on the damages that you have suffered.  Usually, we won’t know the extent of your damages until you have completely recovered from your injuries or you have reached what is called a “medical end result.”  The factors that affect the value of your case include:

• current and future lost wages and earning capacity
• the medical costs of treating your injuries
• other unusual expenses and financial losses
• your physical and mental pain and loss of enjoyment
• the length of your period of active medical treatment
• temporary or permanent physical impairment or disfigurement

Assessing the value of a case is more art than science.  The most experienced personal injury lawyers are likely to be able to give you the best estimates, and the best advice about how to get the compensation you deserve.

How soon can I get my settlement money?

The answer depends on how soon you recover from your injuries or reach a “medical end result.”  Except in a few unusual cases, we cannot put a full fair value on your case, and therefore we cannot begin negotiating a settlement for you, until this happens.

Once you reach a “medical end result,” it generally takes two to three months to get your case settled.  Here are some of the steps that are involved:

• two to four weeks to collect your medical records and other relevant documents (some doctors and hospitals are faster than others)
• two weeks to organize, analyze, and summarize this information and to prepare a settlement demand package to submit to the insurance company
• one to two weeks to obtain your input and approval for this package and to make necessary revisions
• three to five weeks for the insurance company to respond.

Once an insurance company responds, we can work out a settlement within the next few weeks in about 85% of the cases.  Sometimes, the insurance company requests more information before they will evaluate the case and make a settlement offer.  In about 10% to 15% of the cases, the insurance company’s offer will be so low that we will advise you not to waste time in further negotiations, but rather to authorize us to file a lawsuit on your behalf.

Once a lawsuit is filed, a settlement could still take place at any time.  If the case is not settled, however, it generally takes about one year for it to get to trial.

 

What will it cost me to hire a lawyer?

You may retain a lawyer by the hour or on a contingency fee basis.

 

Most people with personal injuries opt for a contingency fee.  This means your lawyer is paid a percentage of your settlement — usually one-third — and is paid nothing if you don’t get a settlement.  Out-of-pocket costs, such as medical records fees, court filing fees, and the like, are additional but are only owed if you win.

 

In medical malpractice cases and a few other unusual cases, our contingency fee is on a sliding scale with the percentage fee getting lower as the amount of your settlement gets higher. Where the claimant is a minor, our contingency fee is reduced to 25% of the settlement.

 

Hourly fees are based on the time your lawyer spends working on your case.  The fees are owed whether you win or lose.  A lawyer working hourly generally requires a retainer up front.

I was hurt in a car accident. How do I pay my medical bills?

This will depend on whether or not the car you were in at the time of the crash was insured, whether it was insured in New Hampshire or Massachusetts, whether or not you have health insurance, and whether or not your health insurance is provided by a government program such as Mass Health, Medicaid, or Medicare.
 

If you were hurt while in a Massachusetts-insured car, your medical expenses are covered by “no fault” insurance, also known as “Personal Injury Protection” or “PIP” coverage on the car you were in (or the car that hit you, if you were a pedestrian).  
 

If you have no health insurance, or if your health insurance is provided by a public agency such as Mass Health, Medicaid, or Medicare, Mass, PIP provides up to $8,000.00 for medical expenses related to the crash.  (This PIP coverage also covers lost wages within the same overall total coverage of $8,000.00).
 

If you have private health insurance, PIP is the primary insurance only for the first $2,000.00 worth of crash-related medical expenses.  After you reach $2,000.00, your private health insurance becomes the primary insurance and you must follow the rules of your insurance contract in order to get coverage.  For example, if you are in an HMO or other “managed care” health insurance system, you must go through your primary care physician to get appropriate referrals to specialists, physical therapists, and others.  These bills must be processed through your private health insurance company, which will pay in accordance with your policy.  Any amounts that are not covered by your health insurance company, such as deductibles or co-payments, can be submitted to the PIP company for reimbursement (up to the $8,000.00 PIP limit).  Sometimes your health insurance will pay for chiropractic, physical therapy, or other types of specialized treatment, but only up to a limited number of visits.  If that is the case, your health insurance will pay for the usual number of visits, and any additional visits beyond that would be paid for by the PIP company.
 

Some Massachusetts cars also have additional no-fault coverage under an optional provision called “Medical Payments.”  This could add $5,000.00 or more in coverage to the PIP coverage.  The rules regulating “Medical Payments” are the same as for PIP.
           

Basically, when your medical providers ask for insurance information, tell them about both your health insurance and the insurance on the car you were in at the time of the crash.  They will know how to handle the bills.  If they don’t, have them send the bills to us and we will take care of it for you.  We do not take any fee for coordinating these insurance payments on your behalf.

In New Hampshire, many cars, unfortunately, are not insured at all.  When they are, the no-fault coverage, which is called “Medical Payments” in New Hampshire, is optional.  If there is “Medical Payments” coverage on a New Hampshire car, it will cover your medical expenses regardless of whether you have any type of health insurance on your own.  The amount might be as little as $1,000.00, or as much as $10,000.00 or more.

Unlike in Massachusetts, “Medical Payments” coverage in New Hampshire does not cover loss of income.  It only covers medical expenses.

Under New Hampshire law, you do not have to use your “Medical Payments” reimbursements to pay your medical bills.  You can use them for more pressing expenses like groceries and rent if you need to.  Of course, you will then be personally responsible for paying your medical bills.

Warning:  In either New Hampshire or Massachusetts, the car insurance company that is paying your medical bills has a right to send you to a doctor of their choosing for an insurance medical examination.  Many of these doctors make tens of thousands of dollars (or more) per year doing these examinations for insurance companies and, unfortunately, they will typically advise the insurance company that there is nothing wrong with you and that you don’t need any more medical attention, regardless of your actual medical status.  As a result, your “No-Fault” benefits will be cut off and the value of your claim against the responsible driver will be minimized.  If any insurance company wants to send you to such a medical examination, it is definitely time to call a lawyer.

As you can tell from this discussion, even these most basic aspects of a personal injury claim can become very complicated and frought with pitfalls.  The biggest pitfall may be to try to handle all of this yourself now to save money, and then discover later on that you really needed a lawyer after all.  It is like trying to build a house without any plans, and then bringing in an architect later to try to salvage the project.  You would have been much better off financially with an architect at the beginning.  What’s more, in a car accident case, it doesn’t even cost you anything to have a lawyer get involved at the beginning.  And by being there from the outset, we can maximize your chances of getting all of the benefits you deserve.

Do I have to get my car fixed after an accident?

No.  If you don’t want to fix your car, your insurance company will tell you how much they will pay against the reduced value of your car and send you a check.  Of course, if you have another accident, the value of your car will be less than if it had been repaired.