197 Portland Street

Phone: (617) 227-8118

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(Waltham) (781) 893-8118
(Woburn) (781) 937-8118
(Malden) (781) 662-8118
Fax: (617) 523-1345
Email: Steven R. Whitman

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FAQ

What is a contingent fee case?

This is the standard "no fee unless successful" agreement between the injured person and the law firm. Simply put, it means that you are only charged a fee unless there is a successful settlement or court award. From that successful court award, the fee is calculated on a percentage that is agreed upon in the contingent fee agreement. In most cases, the fee is the standard one-third (33 1/3rd percent).

What is the progress of a personal injury case?

As a priority, my office will facilitate all of the insurance paperwork, so that the injured person can get the medical attention that he or she needs. We help coordinate the available insurance benefits as required by medical providers and insurance companies. We make sure the medical bills are being paid, and that you receive reimbursement for lost wages and prescriptions. Next, we investigate the facts of a case, gathering reports, witness statements and research laws and regulations as they pertain to your case.

We also communicate with all of the insurance companies involved, providing them with police, operator and medical report, and functioning as your advocate with these insurance companies. When your medical treatment is complete, or you are at a medical end result, we assemble all of the evidence, medical records and bills, photographs, police reports, witness statements. Thereafter, we attempt to resolve your case with the proper insurance company, through settlement or litigation. Litigation of your claim consists of filing a lawsuit in the District or Superior Court, conducting a formal discovery process and having an eventual trial. Your claim may be heard by a judge or jury, depending on the facts of the case and jurisdiction of the various courts. Please note that many cases where suit is filed may still conclude with a settlement.

What is Personal Injury Protection (PIP) insurance?

Personal Injury Protection (PIP) benefits are available for motor vehicle related injuries in Massachusetts. Benefits are provided by the insurance policy for the vehicle in which you were the driver or passenger, regardless of fault. This is often referred to as "No-Fault" benefits in Massachusetts. PIP benefits are provided to cover:

1. Reasonable and necessary medical expenses incurred within two (2) years of the accident. An insurer may require an examination by a doctor of their choice to confirm that treatment is necessary. You must attend an exam scheduled by the PIP insurer or risk loss of benefits. If you have health insurance at the time of the accident PIP, will only pay $2,000.00 towards your medical bills. The law then provides that bills in excess of $2,000.00 must be submitted to your health insurer for payment. Upon payment, or denial, by the health insurer, PIP is then again responsible for the uninsured balance, up to the $8,000.00 total benefit limit. After you have received the first $2,000.00 in PIP medical benefits you will be notified.

2. Lost earnings, paid at the rate of seventy five percent (75%) of your average weekly wage, calculated based on your average wage in the one-year period immediately preceding the accident. You will not be eligible for PIP lost wage benefits if you have a wage or salary continuation plan or receive worker's compensation benefits. If your employer pays you, PIP will not, unless your employer will then allow you to buy back the benefits you used up, in which case PIP will pay your employer back. You must be disabled from work to obtain PIP lost wage benefits. Disability must be supported by a doctor's note. You are eligible for PIP lost wage benefits if you are totally or partially disabled from work and your doctor can provide the insurer with confirmation of your total or partial disability and your employer does not pay you.

3. Ordinary and necessary household services in lieu of those that you would have performed but for the injury. Payments to other household members are not eligible for PIP reimbursement.

If you have health insurance at the time of the accident PIP, will only pay $2,000.00 towards your medical bills. The law then provides that bills in excess of $2,000.00 must be submitted to your health insurer for payment. Upon payment, or denial, by the health insurer, PIP is then again responsible for the uninsured balance, up to the $8,000.00 total benefit limit. After you have received the first $2,000.00 in PIP medical benefits you will be notified.

What is my case worth?

Each case is different. Massachusetts law provides that a person is entitled to compensation for his or her injuries by the person or company responsible for causing the injuries. In general, punitive or "punishing" are not allowed in such injury cases. Rather, the aim of the law is to reasonably compensate you for your damages, such as pain and suffering, financial loss, loss of earning capacity, medical expenses, and emotional suffering.

The value of your case will be determined by many factors, such as the extent of your damages, the percent of fault attributed to you and the other side, the likelihood of success, the amount of your medical bills, lost wages and other expenses incurred, your diagnosis and prognosis, your end result medically, whether you will have permanent disability associated with the injury from the accident, the effect on you as an individual. All cases are different, but realistically, it could be months or even years before your case can be evaluated properly based upon all the available evidence, since a case cannot be properly and finally evaluated until you have reached a medical end result. The value of a case is not always tied solely to your damages.

Who makes the important decisions on my case?

You do. Important decisions are made by the client with the advice, counsel and recommendations of your Attorney. Decisions such as whether to accept settlement or proceed with litigation will be made by you. We will give you recommendations based upon our best professional judgment and our knowledge of cases similar to yours. However, the final decision is always yours.

How long will my case take to complete?

You should anticipate one (1) to three (3) years before a personal injury case is concluded. Occasionally a case settles before expiration of one year, but this is unusual since frequently you do not achieve a medical end result from your injuries and conclude your medical treatment until six (6) months to one (1) year from the date of the accident. If your case does not settle, then suit will be filed in Court.

Depending on the Court calendar a trial will not be scheduled by the Court for one (1) to two (2) years from the filing date and sometimes longer. We may decide not to file suit until exploring settlement opportunities, since once suit is filed your expenses on the case increase (filing fees, sheriff's fees, deposition transcripts, etc.). These expenses may be avoided if settlement of your case can be reached before filing suit, so it is generally advisable, in most cases, to explore settlement first.

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