Your health insurance carrier will most likely pick up the remainder of your medical bills if you have a private health insurance carrier. For example, if you have Blue Cross Blue Shield (BCBS) then BCBS will pay your medical bills while you are receiving medical treatment. However, if you have a deductible or co-pay, PIP will continue to make payments for those out-of-pocket medical expenses up to $8,000.00. This means that if you must pay for medical expenses out-of-pocket and the treatment is related to your motor vehicle accident then PIP will either pay you that amount or pay the provider directly until the $8,000.00 in PIP benefits has been exhausted. Also note that every person that is occupying the automobile that your injured in has the same benefit.

If you have a government medical plan, including, but not limited to, MassHealth or Medicare, then PIP will automatically pay the first $8,000.00 in medical bills. Your MassHealth or Medicare plan will cover the rest of your medical bills after that.

The contractual language of most health insurance plans and all MassHealth and Medicare plans require subrogation if there is a settlement. That means if MassHealth, Medicare, or your health insurer made payments in relation to your motor vehicle accident and you receive a settlement or award then you must reimburse them the amount that they paid out of your settlement. I can help you with this and sometimes the reimbursement amount can be negotiable.

Pain and suffering is measured by the amount of time that you are receiving treatment and the type of treatment that you are receiving. There is no concrete formula for measuring pain and suffering, but my experience in front of jurors, arbitrators, mediators, and insurance adjusters has made me understand to what is considered reasonable under the circumstances.

A lawsuit is when court action is initiated. This means you have sued the person responsible for your injuries in a district court, superior court, or federal court. I will help you throughout these proceedings and make everything as clear as possible for you.

After suit is filed, the Defendant’s lawyer will request something called interrogatories. These are questions about yourself, the accident, and your injuries. We will work on these together. Next, would be your deposition. A deposition is in person questioning. This deposition will be conducted by the Defendant’s lawyer and will be either in-person or conducted via Zoom. I will be present during this deposition and will make this process as comfortable as possible.

Finally, the Defendant has a right to a jury trial. After the interrogatories and depositions have been completed the court will give us a date for a jury trial. This means we will present your case to a jury of either 6 or 12 of your peers and they will decide on the amount you receive.

It is especially important to note that there is still opportunity to settle your claim during a lawsuit and it is highly likely that your case will settle during these stages of your lawsuit. A lot of cases settle before trial through negotiations or mediations.