FREQUENTLY ASKED QUESTIONS

AUTO ACCIDENTS

How long will my case take?

How much is my case worth?

What do I do if the car that hit me doesn't have insurance?

What if I am involved in a hit and run accident?

Who pays to fix the damage to my automobile?

Who pays for my medical expenses and lost wages?

DOG BITES

Does it matter if the dog has bitten someone in the past?

SLIP AND FALL ACCIDENTS

Can I still get money for an accident from a few years ago?

How long will my case take?

How much is my case worth?

What do I do if I am injured in a mall?

What do I do if I slip and fall on snow or ice?

What do I do if I trip on a crack or a hole outside?

What if I am injured in a common area of a building?

SOCIAL SECURITY DISABILITY

Do I need to hire a lawyer to represent me in my Social Security disability claim?How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

Can I get both worker's compensation and Social Security disability benefits?

Do you have to be permanently disabled to get Social Security disability benefits?

How does Social Security determine if I am disabled?

How do lawyers who represent Social Security disability claimants get paid?

AUTO ACCIDENTS

How long will my case take?
Cases are typically not ready to begin the resolution process until the severity of the injury is fully known. Since this is the one opportunity victims of negligence have to receive compensation for their injuries, one should not attempt to resolve a case before the magnitude of the injury is understood. When a doctor concludes that the client has reached a medical end result and issued an opinion as to the likelihood of a full recovery should the process begin. This doctor's opinion could occur within months or years of the injury producing incident.

Once the doctor's determination has been made, attempts can resolve the case can begin. Normally, witness statements, accident reports, photographs and other documentary evidence have already been acquired during the time that the client was receiving medical attention. Then, medical records and bills are requested, narrative reports from medical experts are obtained.

The factual materials are then compiled and sent to the insurance company for the individual responsible for your injuries with a settlement demand. A settlement demand includes a dollar amount for which the client is willing to finally resolve the matter. A settlement offer from the adverse party could be made at any time, but it is usually approximately one month from submission of the settlement demand.

If, after negotiations are completed, the offer is reasonable and makes the client happy, then the case can be resolved at that time. If the final settlement offer is inadequate, then it is likely that further action will need to be undertaken. Once a lawsuit has been filed and a case enters litigation, it can be safely assumed that it will be an additional one year until the case is resolved.

Therefore, one can never be sure when a case will resolve. You always want to make sure that you know what your injuries are and whether or not they are going to resolve. Only then will you know what your case is worth to you.

One thing is for certain; Jason Stone Injury Lawyers and you are working toward the same goal - to understand the full extent of your injuries and get your case resolved for as much money as possible, as soon as possible.

How much is my case worth?
As much as we wish we could tell you how much money to expect when the case resolves, such an estimate can rarely be provided with accuracy. This is due to many factors, including the full extent of your injury, the duration of your active medical treatment, the residual effects of the injuries, whether you are partially responsible for the incident and whether you had ever had a similar type of injury to the same areas of your body. Also, if you were employed at the time of the incident and a doctor conclude that you were unable to work as a result, you would be entitled to your lost earnings. If the injury affects your ability to earn income in the future, then you would be entitled to compensation for that aspect of your damages. Reimbursement for reasonable and necessary medical expenses, as well as other out of pocket expenses, would also be included in the total valuation.

When your case is ready for resolution, an attorney at Jason Stone Injury Lawyers would be able to give a ballpark figure of what to expect. Remember, you and your attorney are working toward the same goal - to make sure that you receive as much money as possible to compensate you for your injuries.

What do I do if the car that hit me doesn't have insurance?
InMassachusetts, the standard automobile insurance policy contains a provision called Uninsured Motorist Protection. So long as you have a motor vehicle insurance policy of your own or have a household member (a person related by blood, marriage or adoption that you reside with) that has a motor vehicle insurance policy, or were occupying a vehicle with someone that has a motor vehicle insurance policy, you will be able to have your medical bills paid and also be eligible to make a claim for compensation for your pain and suffering. A claim is made against one of those policies and it does not cause the insurance rates of the policy holder to increase. The insurance policy is there to protect you from unidentified drivers and those drivers that do not have insurance.

What if I am involved in a hit and run accident?
In Massachusetts, the standard automobile insurance policy contains a provision called Uninsured Motorist Protection. So long as you have a motor vehicle insurance policy of your own or have a household member (a person related by blood, marriage or adoption that you reside with) that has a motor vehicle insurance policy, or were occupying a vehicle with someone that has a motor vehicle insurance policy, you will be able to have your medical bills paid and also be eligible to make a claim for compensation for your pain and suffering. A claim is made against one of those policies and it does not cause the insurance rates of the policy holder to increase. The insurance policy is there to protect you from drivers that leave the scene of an accident. It is still important to report the accident to the police so that there is proof of the loss.

Who pays for my medical expenses and lost wages?
In Massachusetts, the standard insurance policy has a provision called Personal Injury Protection Benefits, also known as "PIP Benefits." Most people have $8,000.00 in available coverage, which means that the insurance company will pay up to $8,000.00 in medical expenses and lost wages combined. Usually, the insurance policy for the vehicle that you were occupying will provide the coverage and it will not increase the premiums of the policy owner. If you have private health insurance, according to the current state of the law, PIP will only cover $2,000.00 and your health insurance will cover the rest. It is very important to comply with the conditions of your private health insurance to make sure that the treatment is covered. The coordination of insurance benefits is one reason why a qualified lawyer is required. You don't want to end up with outstanding medical bills.

Lost wages will be compensated at a rate of 75% of your average weekly wage provided that a doctor provides a note stating that you are disabled and unable to work.

Who pays to fix the damage to my automobile?
If liability for the accident is clear and you have full coverage through your own insurance policy, you can elect to have either the insurance company for the vehicle that hit you pay for the damage, or your own insurance policy will pay. If you do not have full coverage, then you must make a claim through the other vehicle's insurance. If you do not have full coverage and liability for the accident is not clear, you may have to litigate the issue in small claims court or as part of the overall litigation regarding your injuries.

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DOG BITES

Does it matter if the dog has bitten someone in the past?
Yes, if the dog has a history of other violent behavior that would place the dog owner on notice that the dog could act aggressively in the future. If the dog has a violent history, it is likely that you will have an easier time proving your case against the owner.

SLIP AND FALL ACCIDENTS

Can I still get money for an accident from a few years ago?
In Massachusetts, adults have three years from the date of the accident to bring a lawsuit for injuries sustained in an accident in which negligence is being alleged. If you are under 18, then you have three years from your 18th birthday to recover. This period is called the Statute of Limitations and the Court is very strict when it comes to enforcing it.

How long will my case take?
Clients most frequently ask how long their case is going to take until it is fully resolved. The question can never be answered with certainty as it always depends on a multitude of factors that may or may not occur.

Cases are typically not ready to begin the resolution process until the severity of the injury is fully known. Since this is the one opportunity victims of negligence have to receive compensation for their injuries, one should not attempt to resolve a case before the magnitude of the injury is understood. When a doctor concludes that the client has reached a medical end result and issued an opinion as to the likelihood of a full recovery should the process begin. This doctor's opinion could occur within months or years of the injury producing incident.

Once the doctor's determination has been made, attempts can resolve the case can begin. Normally, witness statements, accident reports, photographs and other documentary evidence have already been acquired during the time that the client was receiving medical attention. Then, medical records and bills are requested, narrative reports from medical experts are obtained.

The factual materials are then compiled and sent to the insurance company for the individual responsible for your injuries with a settlement demand. A settlement demand includes a dollar amount for which the client is willing to finally resolve the matter. A settlement offer from the adverse party could be made at any time, but it is usually approximately one month from submission of the settlement demand.

If, after negotiations are completed, the offer is reasonable and makes the client happy, then the case can be resolved at that time. If the final settlement offer is inadequate, then it is likely that further action will need to be undertaken. Once a lawsuit has been filed and a case enters litigation, it can be safely assumed that it will be an additional one year until the case is resolved.

Therefore, one can never be sure when a case will resolve. You always want to make sure that you know what your injuries are and whether or not they are going to resolve. Only then will you know what your case is worth to you.

One thing is for certain; Jason Stone Injury Lawyers and you are working toward the same goal - to understand the full extent of your injuries and get your case resolved for as much money as possible, as soon as possible.

How much is my case worth?
As much as we wish we could tell you how much money to expect when the case resolves, such an estimate can rarely be provided with accuracy. This is due to many factors, including the full extent of your injury, the duration of your active medical treatment, the residual effects of the injuries, whether you are partially responsible for the incident and whether you had ever had a similar type of injury to the same areas of your body. Also, if you were employed at the time of the incident and a doctor conclude that you were unable to work as a result, you would be entitled to your lost earnings. If the injury affects your ability to earn income in the future, then you would be entitled to compensation for that aspect of your damages. Reimbursement for reasonable and necessary medical expenses, as well as other out of pocket expenses, would also be included in the total valuation.

When your case is ready for resolution, an attorney at Jason Stone Injury Lawyers would be able to give a ballpark figure of what to expect. Remember, you and your attorney are working toward the same goal - to make sure that you receive as much money as possible to compensate you for your injuries.

What do I do if I am injured in a mall?
If you are injured by slipping in a mall, you should immediately notify someone that works in the mall. Be sure to write down that person's contact information, name and position at the store at which he or she works. If you have a cellular phone with a camera, or any way of recording exactly on what you fell, that would be extremely helpful in proving your case. Contact mall security and make a report. Whatever you do, do not leave the mall before reporting the accident. The mall will very likely require proof that the accident happened on its premises and once you leave, it is arguable that the accident happened somewhere else.

What do I do if I slip and fall on snow or ice?
Whenever you fall on someone's property, it is best to report the accident to that person immediately. It is also important to acquire as much proof of where you fell and what caused you to fall as possible. That means try to record the area with a picture from your camera, cell phone camera or video camera. Write down the weather conditions on that day. If the area where you fell was owned by a government entity, there may be a requirement that you provide notice within a very short time period, so be sure to contact a lawyer to make sure you do not lose your rights.

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What do I do if I trip on a crack or a hole outside?
Whenever you fall on someone's property, it is best to report the accident to that person immediately. It is also important to acquire as much proof of where you fell and what caused you to fall as possible. That means try to record the area with a picture from your camera, cell phone camera or video camera. Write down the exact location of where you fell, counting steps from any landmarks. If the area where you fell was owned by a government entity, there may be a requirement that you provide notice within a very short time period, so be sure to contact Jason Stone Injury Lawyers to make sure you do not lose your rights.

What if I am injured in a common area of a building?
Whenever you fall on someone's property, it is best to report the accident to that person immediately. It is also important to acquire as much proof of where you fell and what caused you to fall as possible. That means try to record the area with a picture from your camera, cell phone camera or video camera. You should make sure that you notice if there had been any recent alterations to the area. If you are injured, be sure to seek immediate medical attention.

SOCIAL SECURITY DISABILITY

Do I need to hire a lawyer to represent me in my Social Security disability claim?

No. You can pursue a Social Security disability claim on your own. However, claimants who are represented by an attorney are statistically more likely to be awarded than those who are not represented by an attorney.

How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

You do not have to wait at all. However, you have up to one year from the date you become disabled to file before risking losing benefits to which you may be entitled. If you are suffering from a serious illness or injury and expect to be out of work for a year or more, you should not delay in filing a claim for Social Security disability benefits.

Can I get both worker's compensation and Social Security disability benefits?

If you have been hurt at work and are receiving worker's compensation benefits, you may still make a claim for Social Security disability benefits. However, there is an offset of benefits which offsets the amount of benefits that will be paid. Additionally, when worker's compensation benefits may end, you could continue to be eligible for Social Security disability benefits.

Do you have to be permanently disabled to get Social Security disability benefits?

No. To receive benefits, you must have a condition that is expected to last for at least one year or have a condition that is expected to result in death.

How does Social Security determine if I am disabled?

After gathering background information about you and your medical conditions, Social Security performs an analysis based on numerous statutes, which are uniform throughout the entire country. It must be determined whether you can perform you past work. If you are unable to perform your past work, Social Security must determine whether there is any other work that you can perform on a full-time basis. Jason Stone Injury Lawyers can help you gather all necessary medical evidence, complete all legal documentation in a proper and professional manner, zealously advocate for you if a hearing is necessary, and ease any of your concerns.

How do lawyers who represent Social Security disability claimants get paid?

The attorney receives a capped portion of the back benefits if the claimant wins and no fee if the claimant loses.