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ChatRecently, I resolved a terrible car accident where someone T-boned our client. It involved a very nice and loving husband and great grandfather, who has worked the same job for many years. In today’s blog, I share the details of this Massachusetts car accident settlement with you.
At Bottaro Injury Lawyers, we care about our Rhode Island and Massachusetts personal injury clients. If you have suffered an injury, we offer 24/7 free case review by calling or texting us at (401) 777-7777.
Seekonk, MA Client T-Boned: Results In Sternum Fracture And Cervical Surgery
Our client was traveling South on Central Avenue on Route 152 when a careless driver failed to stop at a stop sign on Oakhill Avenue, approaching Central Avenue.
The careless driver failed to stop at the stop sign, which caused the driver to t-bone our client, sending our client’s vehicle flipping on its side and pushing it into a telephone pole.
Our client’s vehicle after the crash.
The damages both vehicles sustained were significant. The Seekonk Police Department had both vehicles towed from the scene and issued a citation to the at-fault driver for a Stop Sign Violation.
Meanwhile, Seekonk Rescue arrived at the scene to rush our client to Rhode Island Hospital. Upon arrival, our T-boned client learned that he had suffered a multi-level cervical fracture requiring immediate surgery, along with a sternum fracture.
What Is An ERISA Lien On My Car Accident Case?
ERISA is an abbreviation for a federal law. In personal injury law, an “ERISA lien” refers to a health insurance policy that contains restrictive language in the fine print of the insurance policy. The Supreme Court and others have interpreted this language to allow a health insurance company to (unfairly) take money from a client’s personal injury settlement.
In this case, we had to deal with a terrible ERISA lien.
Our client hardly missed a day of work in his career, and being out of work soon became a hardship to his family. His wife was trying not only to help understand the medical bills they were receiving, but to keep things at home afloat.
Because the crash occurred in Fall River and our client had a Massachusetts auto policy, special PIP coverage applied. Our outstanding paralegal, Samantha, was a huge help in ensuring that we could process bills and even some lost wages thru PIP for immediate relief.
Pictured: Legal Assistant Samantha & Attorney Bottaro.
The Results
Samantha worked fast to assist me in organizing the case for settlement discussions with both relevant insurance companies. One issue was that there was limited insurance. The settlement tenders were therefore efficient.
However, the ERISA lien presented a challenge as the amount was over the $100,000.00 maximum policy limit settlement we achieved! Technically, the ERISA insurer had the legal right to essentially take all of the settlement money.
At our firm, we “fight for what is right.”
In this case, I dug in my heels to fight this company with several arguments. I am happy to report that after much hard work, the insurer allowed a very generous lien reduction and we were able to quickly get our client the settlement money he needed and deserved!
If you or a loved one are T-boned in a car accident in Rhode Island or Massachusetts, call our firm right away and we can help you get the settlement you deserve, just like in this case.
It’s Good to Know Bottaro Law – 24/7 Top Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases, including motor vehicle accidents, throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777, or fill out our free and confidential online form. We are here to serve and help you!
