FAQ
- Why Use a Lawyer for an Injury Case
- Who Pays the Medical Bills if I’m in a Car Accident?
- Who Pays to Fix My Car?
- Can I Recover Lost Wages or Lost Sick / Vacation / PTO Time?
- What if the Insurance Company Contacts Me After the Accident?
- What is My Case Worth?
- How Do Personal Injury Lawyers Get Paid and How Much?
- Is It Wrong to File a Claim for Injuries?
Why Use a Lawyer for an Injury Case
Injury claims are almost always processed by Insurance Companies. This may be your own company or a company for another party at fault, or both. Either way, they are not always looking out for you. The person who deals with the claim is called an “Adjuster” because they are supposed to adjust the situation back to how it was before the accident, as best as possible. The adjusters are specifically trained to represent the interest of their employer. They can accomplish this by denying medical bills, reducing covered treatment and underestimating the value of your injury.
Insurance Companies do not exist solely to help people, they exist to profit- and they do so immensely. Every city in the country has a skyscraper named after an Insurance Company and the most expensive TV ads are often purchased by them. Their business is incredibly profitable and they will spend millions to compete.
David Reservitz is a Personal Injury Attorney that will guide you through the entire process; from paperwork, medical and wage claims to negotiating settlement offers. David Reservitz and his team know that the first offer to a client is usually not the best offer and they know what the right offer is and work to get it. Remember, the adjuster represents the insurance company so you will want Attorney Reservitz representing you.
Who Pays the Medical Bills if I’m in a Car Accident?
Massachusetts law is different than other states. We are called a “No Fault” state which means that your auto insurance company will pay for the first $2,000 to $8,000 in medical bills regardless of fault. But don’t worry, this will not have a negative effect on you and your insurance company gets paid back by the At Fault Insurance Company. (Subrogation)
At the end of the day, David Reservitz will make sure all of the bills are paid and that the final settlement or award provides a maximum result to our client.
Who Pays to Fix My Car?
This depends on the type of coverage you have. If you are not at fault for the accident and you have full comprehensive coverage, you have a choice to go through your own insurance company or the one for the car at fault. If you use your own company, this will not have a negative effect on you and they will pursue recovery for the at fault party. You may also go directly to the adverse Insurance carrier to pay for these damages but it can take a bit longer. You are also entitled to a rental car for a period following the accident. Call David Reservitz’s Brockton personal injury law firm for details or if you are experiencing issues with this.
Can I Recover Lost Wages or Lost Sick / Vacation / PTO Time?
Yes- You can recover wages lost as a result of the accident and, in some cases, you can have benefit time reinstated. This is accomplished primarily through the PIP process but since the amount of recovery is limited, there is a strategy as to when to submit different expenses to that carrier.
What if the Insurance Company Contacts Me After the Accident?
The insurance companies likely will contact following an accident. Many people do not feel pain immediately after an accident and might tell the insurance company they are not hurt. This can and likely would be used against you if you pursued medical care and a settlement. Don’t rush to conclusions if speaking to the insurance companies and take advantage of our free consultations and evaluations. That is what Attorney Reservitz and his team are here for. Let us speak to the Insurance Companies on your behalf.
What is My Case Worth?
Cases values are driven my several factors but the most significant is your diagnosis and treatment. If 2 people are injured in the same car accident, they will likely receive different settlement amounts based on their injuries and treatment. David Reservitz and his team are experienced personal injury attorneys and can quickly “size up” or evaluate a case within a value range, which actually differs geographically.
How Do Personal Injury Lawyers Get Paid and How Much?
I think every personal injury attorney’s website says “No fee unless successful” or something like that, but here are the details: The fee agreement is called a contingency fee because it is contingent on recovery. That fee is a percentage that is almost always 1/3 or 33.33%. Some attorneys will charge more, as much as 40% so be mindful of this. The 1/3 fee should apply only to the percentage of the recovery of the injury claim and should not apply to the PIP benefits recovery or property damage (help getting you paid for the damage to your car if a dispute arises here). At the end of the case, the goal is to make you “whole” which includes full coverage of medical bills and wages plus a fair settlement amount for pain and suffering, inconvenience etc.
Is It Wrong to File a Claim for Injuries?
It is truly not wrong to file a claim when injured in an accident or incident of any kind or bit by a dog, if some other party is responsible. It is actually improper not to pursue a claim in this situation as you would only be benefiting an insurance company.
For car accidents, Massachusetts law requires vehicle owners to purchase insurance. If everyone paid for insurance and there were no claims, we would just be enriching insurance companies. Even with the claims, the companies still profit millions every year.
They call the insurance employees “adjusters” because they are supposed to adjust things back to how they should be prior to an injury through compensation. However, they serve the insurance company so someone needs to represent you in this process.
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