Jason Stone Injury Lawyers

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We charge the same attorney’s fee regardless of whether we file a lawsuit or not. Some firms increase their percentage to 40%, but we do not. However, while our attorney fee remains the same, the expenses do increase. We will need to pay for the filing fee, service of the complaint on the defendants, and the transcript for depositions, at a minimum. If it goes to trial, we will need to spend even more if we need an expert to testify or if we need to make exhibits for the trial. Litigation, at a minimum, will increase the cost by $1,000. Now, if we think we are going to get another $3,000 or more during the process, then it would be worth it, but if we only think the case is undervalued by $1000, it may be more intelligent to take the money now.

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Absolutely. If we elect to work together, we always plan on working on the case, unlike large national firms that choose to refer clients to other firms once they are retained. This entitles the referring law firm to some of the attorney fee, even if all they did was transfer your call to another lawyer. If you call Jason Stone Injury Lawyers, we expect you called us because you trust us, and we wouldn't want to ruin your trust by ending our relationship before we even had a chance to know you.

Yes. Medicare's claim must be paid up front out of settlement proceeds before any distribution occurs. Moreover, Medicare must be paid within 60 days of receipt of proceeds from the third party. If Medicare is not repaid in a timely manner, interest may be assessed. This website has more information about Medicare claims: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/EmployerServices/Downloads/MSP-Laws-and-Third-Party-Payers-Fact-Sheet-for-Attorneys.pdf

The car that struck you is paying for your medical bills. All of the money to pay back the medical providers has been included in the settlement. If you owed $1,000 to a doctor, but PIP was either all used up (exhausted) or there was an IME cut off, or your health insurance only covers a certain amount, that was addressed in the negotiation. A certain amount of the settlement is for medical bills, and the rest is for pain and suffering.

Once a settlement release is signed and submitted to the insurance company, it is extremely difficult to undo the settlement. If there was fraud or a misrepresentation that caused you to sign it, then it may be able to be undone, but otherwise, it is final.

That is terrific and I am glad the therapy worked. Now when we go to settle the case, we will know that we are getting your compensation for the true amount of your damages. At this point, you can relax and let us do our job. We will compile the records and bills and go through the notes that we have taken to put together a detailed picture of how the collision affected your life. Once we send it out, we should receive an offer within 45 days. So, you can expect it to take 1-2 months to get everything put together the right way, and then another 45 days for an offer. Our goal is for you to have an offer within 3 months. As you know, your job is to get better, and our job is to get you paid for getting better and make sure you are not being taken advantage of by the insurance companies. You can always return to the doctor if you feel the pain has returned and if that happens, please call us so we can assist. We will get this taken care of as quickly as possible.

While we are not doctors and think that doctors should control your medical care, we have found that some doctors are more conservative than others. We know of many doctors that aggressively try to assist their patients with their recovery, which means they will recommend additional treatment and not simply taking medication. The first step is usually for you to speak with your doctor and address your concerns. If that does not work, we will speak with your doctor and see if we can address your concerns for you. Normally, we will encourage the doctor to provide us with an explanation as to why your recovery has not been complete and what the proposed treatment course would entail. If this is not a response that you and I are happy with, we will seek a second consultation with a different provider.

Yes. If you are injured, it is very important to both your health and to your case that you get checked out by a doctor. Please tell the doctor everytihng and be honest so you can recover from your injuries as fast as possible.

There are no doctors that we work with. You may receive treatment with any provider of your choosing. We know many doctors, chiropractors, and physical therapists and are aware of their reputations. It is in both of our interests for you to have care rendered by only reputable professionals. If there is somewhere you would like to go, just let us know who it is, and we will let you know our thoughts. If you do not have a doctor or a treatment facility in mind, we can recommend a few to you from which you can choose the most convenient.

That is unlikely. Most of our cases generally resolve without going to court. We will get the best offer the insurance company will extend before we file a lawsuit. If we are happy, then the case is over. If not, the attorney will recommend filing a lawsuit. Even if we have to file a lawsuit, rarely do you have to go to Court. The Attorney can explain what happens once a lawsuit is filed.

If you don’t feel the same way you felt 5 minutes before the accident, you need to document it. If you feel the same, then you are very fortunate, but you don’t have a case. You are only entitled to compensation if the collision affected your life in some way. It's very common not to feel pain immediately after an accident happens. Many people find that the pain sets in the days after the accident occurred. If you do begin to become sore, take care of yourself by seeing a doctor and then give us a call right away. In Massachusetts the law states that you only have a case if you have a fracture, a permanent injury, like a scar, or have $2,000 in related medical bills. Just because you have $2,000 in medical bills does not mean you need to stop treating, it is simply the threshold that needs to be met for there to be a case that results in money in your pocket. If you never accumulate $2,000 in medical bills, you will not get any money to compensate you for your injury.

It is difficult to tell because we don’t know how long it will take for you to recover from your injuries and we do not know how long it will take for the insurance company to make an offer that we can recommend. Once you fully recover from your injuries, we will get your medical records and bills and submit them to the insurance company with a detailed description of your treatment and the effect the injury has had on you. Once that happens, insurance companies respond, normally with an offer, within 45 days. Then the attorney negotiates until we get the most money we can get from them. If the attorney thinks it is good value, he/she will recommend you take it. If the attorney does not think it is a good offer, he/she will recommend that we will file a lawsuit, which takes longer, but normally results in more money. Our cases generally settle in under a year. Those in suit will generally take longer, 1-2 years, but we do everything we can to settle your case before we put it in suit.

Our fee is 25% of your back benefits or $6,000.00, whichever is less. So it will never be more than $6,000.00. This is a fee that is set forth by statute. We work on a contingency basis so if you are not awarded benefits, there is no cost to you.

In your first call, we are trying to determine whether or not we can help you. In order for us to decide that, we will need to know 1. when the incident happened, although it can be an approximation; 2. who else was involved in the incident; 3. how the incident happened; 4. who you believe was at fault for causing the incident; and 5. what injuries you have suffered. Based on this information, we should be able to get the information needed to determine how to proceed.

Once you will receive the initial offer, you will have to make a decision about whether or not to accept it, or to reject it and attempt to negotiate a better settlement. An insurance adjuster is usually given authority to settle your injury claim within a certain dollar range. Often they receive bonuses for settling a case for less than the maximum amount of their range. Of course, they will try to settle for as little as possible.

Settlements Made Out of Court Are Private, Rulings Made in Court Are Not. If you settle your claim privately, its results will not be published publicly. If you file a lawsuit and your case has to be decided by a judge and jury, its results will be public record.

Sometimes a lawyer will ask the client to pay some money in advance before any legal work will be done. This money is referred to as a retainer fee, and is in effect a down payment that will be applied toward the total fee billed. At Jason Stone Injury Lawyers, we do not ask for retainers for personal injury cases and only get paid when the case is resolved.

In Massachusetts, the filing fee in District Court is $195.00 and Superior Court is $275.00. The extent of your damages governs in which court the complaint is filed.

After an agreement has been reached between the insurance company and you through your lawyer, the injured person needs to sign a Settlement Release. Once that is signed, it usually takes between two and six weeks to complete the settlement process. Normally it is 3 weeks, but if there is a government agency involved the process will take longer.

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is typically non-taxable. Loss of income that is included in a settlement offer may also be taxable. Typically, if the settlement is just for pain and suffering then it is not-taxable. You should always consult a financial professional in these matters.

There is no formula. All settlement offers are based on the duration and extent of the medical care the injured person required. Some insurance companies multiply the amount of medical bills by a number between one and five to calculate pain and suffering. Other insurance companies put your medical records into a computer and an offer is generated. Others will give an amount of money per week that the client was injured, but that weekly amount can vary.

A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity.

You are not legally required to have a lawyer handle your personal injury claim. You could file all the necessary paperwork yourself and represent yourself in court. However, your chances for winning your case and getting the compensation you deserve are much higher if you hire an experienced personal injury lawyer

In order to have a viable personal injury lawsuit or claim, your personal injury or injuries must have been caused by the negligence of another person or entity (such as a business or government agency). It is best to talk with a personal injury attorney to see who was at fault for the incident and if there is a likelihood of compensation in the future.

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