Car Accident Insurance and Lawyer Information

In order to sue you must prove that another party is responsible for your accident and that you have suffered damages. Damages can include economic injury, such as lost income or wages, medical and funeral expenses, lost support and services, and replacement value or repair costs of personal property damaged in the accident. Damages may also include non-economic injuries such pain, suffering, mental anguish, and inconvenience as a result of bodily injury that are a direct result of the accident.

Massachusetts and Florida have "No-Fault" laws, which require your insurance company to pay some of your damages (to the extent of your policy), regardless of who caused the accident. This is commonly called Personal Injury Protection ("PIP") Benefits. The Personal Injury Protection (PIP) law requires every insurance company writing PIP policies to pay eighty percent of all reasonable expenses for necessary medical, surgical, x-ray, dental, and rehabilitative service, including prosthetic devices, and necessary ambulance, hospital, and nursing services.

Automobile accident patients may also recover PIP benefits for replacement services - whatever ordinary services they could do for themselves but can no longer do as a result of injuries sustained in an automobile accident.

When you file your claim an insurance company will set a "reserve" for your claim. This is the amount of money that the insurance company expects to eventually pay to compensate you for your injury. It is common for an insurance company to make very low offers early in negotiations. Insurance adjusters often get bonuses based on the amount that they pay out in claims as compared to the amount of "reserve" on the case. You must realistically evaluate your case prior to talking to insurance company representatives and be ready to initiate a lawsuit if your demand for settlement is not met with a reasonable offer.

Florida:

You may collect non-economic damages from the at-fault party if you can establish that the bodily injury resulted in: 1) significant and permanent loss of important bodily function; 2) permanent injury; 3) significant and permanent scarring or disfigurement; or 3) death.

Florida also allows for the reduction of any award if a judge or jury finds that you were partially at fault for the accident. This is called "Comparative Negligence." A court may reduce your damage award by the percentage that you were responsible for the accident.

Florida law also allows the reduction of damage awards by any amounts you might have received from public or private insurance to compensate you for your losses.

Massachusetts:

Whether your are allowed to bring suit depends on whether you meet the tort "threshold." Currently, this amount is $2,000.00. In order to bring your claim agains the other driver your medical bills must exceed this amount. The tort threshold can also be met if you are disfigured or fracture a bone during the accident - an often meaningless exception since your medical bills will usually exceed $2,000.00 as a result of the disfigurement or fracture.

When you finally do settle your case you may be responsible for outstanding medical bills. It is not uncommon for medical bills to exceed available settlement funds. When this occurs it is advisable to "Compromise" your medical lien. This means that you offer your doctor a percentage of his bill. This results in a greater amount of settlement proceeds in your pocket.

Whether you need a lawyer depends on how well you understand the concepts above, how well you understand the legal system, how well you can prepare your case for evaluation and how you think an insurance company will react to your representing yourself.

Our Massashusetts office in located at 841 Washington Street, Holliston, Massachusetts. Our Florida office is located at 1221 Brickell Avenue, Suite 900, Miami, Florida 33131. You can contact John at (617) 996-2500 anytime. Or you can send an email message to him at oconnell@oapc.com.