Legal Question in Personal Injury in Massachusetts

In the Dark

I was rear ended on 93 south at about 30mph. There was minimal damage to my leased vehicle. However, it was quite a jolt and I am experiencing some neck, back, and head pain. The individual was definitely at fault.. We exchanged information and drove our seperate ways. i continued on to the next town I was familiar with and found a police station to file a report. They brought in two firemen they asked me where I was, if I was seeing double etc. I did amange to drive, while in pain, but the police and the firemen made me feel like I was wasting their time. I was obviously out of sorts and called my doctor to inform him of what happened. I guess I am wondering if I am entitled to a pain and suffering claim.

The other dirver admitted to being preoccupied and not paying attention. How do I go about filing such a claim? My insurance and insurance only provided me with information for medical claims and property damage claims.


Asked on 10/24/02, 12:53 pm

3 Answers from Attorneys

James Cook Cook & Ferreira

Re: In the Dark

Hello. Yes! It appears that there is 100% liabality against the other party and you most definately are entitled to compensation for you injuries. Police and firemen see these types of accidents all day long and that is likely why they seemed unfazed by your accident. However, you were injured and are entitled to compensation for pain and suffering , medical bills, lost wages and possible other damages. You should seek the advise of an attorney without delay so that he/she can assist you with the filing of a claim against the responsible party or their insurance carrier. Your own insurance company cannot compensate you for pain and suffering. See to it that you get some medical attention and rest. Best of luck-

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Answered on 10/24/02, 7:19 pm
Nance Lyons Law Office of Nance Lyons

Re: In the Dark

In MA, before you can file an auto case, you must incur $2,000 in medical expenses directly attributable to the accident. Your insurance will pay for your medical expenses under your PIP coverage up to 2000, then you make claims against your health insurance. If they deny or don't pay all health expenses, you then go back to auto insurer until you have reached $8,000 in medical expenses and lost wages. Depending on your injury, you may have a claim worth pursuing but you won;t know until you get a prognosis report from your doctor or sent for further treatment.

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Answered on 10/24/02, 3:55 pm
Craig Bartolomei Law Office of Craig R. Bartolomei

Re: In the Dark

In Massachusetts one of three things must have taken place through an automobile accident to be able to collect. They are 1) a broken bone, 2) disfigurement, or 3) $2,000 in medical bills.

Any of the three will suffice although the third is the most popular. So before you would have a claim, you would need to have medical bills totalling this amount or more. Your automobile insurance covers this amount through yoru PIP coverage.

You have to determine if it is worth treating with any medical provider (i.e. Primary care doctor, therapy, chiropractor, etc.) and then determine after treating if you reached the $2,000 threshold.

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Answered on 10/24/02, 5:15 pm


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