Legal Question in Personal Injury in Massachusetts
My husband had a slip and fall accident at a restaurant in 2009. He has filed a small claim action that is pending. Most of his medical expenses were paid by our own private health insurer. The amount we paid out of pocket were minimal. The insurance adjuster wants to know the amount our insurer paid and the amount we paid out of pocket. Can she reduce the worth of the claim based on what was paid by our private health insurer? They paid over $7000 and our claim is for $7000, the maximum amount in Massachusetts for a small claim action.
2 Answers from Attorneys
The adjuster does not worth of your claim, but if you win your small claim the adjuster needs to satisfy the health insurance lien. Best luck JBS
I urge you to consult with a personal injury attorney. A general rule of thumb, is that a case is "worth" about three times the number of damages. Here, you explain that you would have had about $7,000 in actual damages [if you didn't have insurance]. So, the reasonable total "value" of your claim is around $21,000.
A personal injury attorney therefore, even deducting 1/3 for their fee, might be able to get you double what you stand to get in Small Claims. Among other things, you must consider the time you spent traveling to and from doctors appointments, the wear and tear on your vehicle, your body, and general quality of life. Surely you suffered with pain as a result of these injuries. Depending on the specific facts of your case, this might all be compensable.
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