After going through a car accident and recovery, you (or a loved one) may be left wondering what to do. You could file a claim for compensation through Personal Injury Protection, but you may not want to do so on your own, and you might want to consider filing a lawsuit instead. This depends on the nature of your case and the extent of your damages.
A lawyer from our firm can help you file your claim or a lawsuit and get a fair outcome to your case. During a free consultation, we’ll go over your case with you and tell you how a Rehoboth personal injury lawyer will handle it for you.
How does PIP Work in Massachusetts?
There are a few basic things you should know about Personal Injury Protection (PIP) in Massachusetts. For one, vehicle drivers in the state must have it. It’s necessary because it helps drivers, pedestrians, and bicyclists recover compensation if they get hurt in a car accident, pedestrian accident, or similar kind of accident.
Something else you should know about PIP is that it lets a claimant recover only a percentage of their damage amounts, up to only $8,000 total. So, if a claimant’s total damages exceed $8,000, PIP won’t pay any more than that amount.
Additionally, PIP doesn’t cover certain damages, which further limits the amount of money a claimant can recover.
An Alternative to a PIP Claim
A PIP claim could be all you need to recover all of your due damages, but only if your damages are minor. If you have serious injuries or expensive bills, filing a lawsuit may be best. In your lawsuit, you could claim and recover a greater number of damages and higher damage amounts. One of our firm’s personal injury lawyers can help you decide which legal action to file and then file it for you.
What Can I Recover in a Massachusetts PIP Claim?
In a PIP claim, you could claim and recover a portion of the financial damages attributed to your injuries. The remaining portion of your financial damages can’t be claimed, and non-financial damages can’t be claimed either. You can claim and recover:
- Medical expenses: These can include emergency care bills, medical treatment costs, therapy costs, and more. If you have health insurance, PIP may cover up to $2,000 in medical expenses. If you don’t have medical insurance or if you have Medicare or Medicaid, PIP may cover up to $8,000 in medical expenses.
- Lost work earnings: You might not have been able to work during your recovery. If so, PIP may cover a percentage of your lost work earnings during that period.
- Replacement services: During recovery, you might have needed to hire people outside of your family to perform services you’d normally be able to perform yourself, like household services. PIP can cover the cost of hiring outside assistance.
Can You Negotiate with Insurance for Pain and Suffering?
Generally, PIP doesn’t cover pain and suffering and other non-financial damages. They don’t negotiate for pain and suffering, either.
If you experienced a lot of pain and suffering during your recovery or if you’re still in pain and still suffering, you deserve compensation. You could get this compensation through a lawsuit instead of a claim. In your suit, you could demand compensation for pain and suffering and possibly mental anguish
If you lost a loved one who experienced pain and suffering and if you and your family are experiencing mental anguish, loss of family support, loss of family income, and/or other damages, you can demand compensation in a wrongful death lawsuit.
How do I Get Compensated for My Vehicle in Massachusetts?
Since PIP is for injury compensation only, it doesn’t apply to property. To get compensated for damaged or destroyed property, like your vehicle, you’ll have to go through the other party’s property damage insurance.
This insurance is mandatory for drivers in Massachusetts, so the other party should have it. They should have a minimum limit of $5,000 for their property damage insurance, but that amount may not be enough to sufficiently compensate you. If your total property damages exceed the other party’s insurance limit, you may want to file a lawsuit instead of a claim.
What Can a Rehoboth Personal Injury Protection (PIP) Attorney Do for Me?
There’s a lot a PIP attorney from our firm can do for you, so you should consult with our firm before you decide to file your claims on your own. One of our PIP attorneys can:
Fight for Fair Compensation
The insurance companies may not cover all of the damages and the damage amounts you deserve. Your PIP attorney can determine what you deserve and then fight for it, such as by filing a lawsuit for all of your damages and greater damage amounts.
Demand Compensation from Multiple Parties
Multiple parties could share responsibility for your accident. For example, a driver and a government agency may share responsibility. In such a case, your attorney can pursue compensation from each party.
Meet the Deadline for a Lawsuit
In Massachusetts, there are filing deadlines for lawsuits. Your PIP attorney in Rehoboth can help you meet the deadline for a suit, should you wish to file one.
For a car accident/personal injury suit, the filing deadline is three years from the date of the accident, per Mass. Gen. Laws Ch. 260 § 2A. For a wrongful death suit, the deadline is three years from the date of the deceased person’s loss of life, per Mass. Gen. Laws Ch. 229 § 2.
Connect with GED Lawyers for a Rehoboth Personal Injury Protection (PIP) Lawyer
Pursuing compensation on your own may not be your best option. During a free consultation, we can discuss your options with you. If you decide to hire one of our PIP lawyers in Rehoboth, your lawyer will have personal injury experience directly relevant to your (or your loved one’s) case, and your lawyer could work for you on contingency, so you wouldn’t have to pay your lawyer unless they’re successful with your case.
Since 1995, we’ve been assisting people like you, and we’ve been very successful over the years, having recovered many millions for our clients. To learn more and for your free consultation, call GED Lawyers today.
