Lowell Personal Injury Lawyer Blog

Health Insurance

Published on: April 8, 2019 | by Marcotte Law Firm LLC

When injured in an accident, many people do not want their health insurance paying their medical bills. They think that the person who caused the accident should be paying medical bills as they come in. Unfortunately, that’s not how it works in Massachusetts. Most times, the person who causes an injury doesn’t make any payments until the case is settled. In the meantime, doctors and hospitals want to get paid.

This is why most clients will use their health insurance to pay the bills. That is why they pay their health insurance premiums every month: their medical bills get paid as they go, and doctors don’t have to wait until the end of a lawsuit.

Of course, if you end up getting money in a settlement for medical bills that were paid by someone else, your lawyer will have to coordinate the payments to make sure the bills are paid properly. This process of making sure medical bills are paid properly is one of the many parts of a case that involve attention to detail so that every penny goes where it should.

Voire Dire

Published on: March 1, 2019 | by Marcotte Law Firm LLC

The first part of a jury trial often gets glossed over in the movies and on TV: picking the jury. The legal system wants jurors who will hear the facts and come to a decision without any biases or preconceived notions. Getting those jurors takes some work.

Therefore, jurors go through a process called Voir Dire. This is just another way to say Jury Selection. First, the judge will introduce the parties, the lawyers, witnesses, and anyone else involved in the trial, and it will ask the potential jurors if they know any of these people. Obviously, if a potential juror is related to the Plaintiff or Defendant, he or she cannot be impartial.

After that, there are various obvious conflicts that are dealt with. That varies from jurors who would have issues serving because of childcare to someone who has a conflict because they are in a similar situation.

Taxes on Personal Injury Settlements

Published on: February 11, 2019 | by Marcotte Law Firm LLC

One of the most frequent questions we get when we settle cases for our clients is whether the money our client receives is taxable. In injury cases, most settlements are not taxable. The IRS has declared that all damages that stem from a person injury do not have to be declared on your taxes. That means that all the money you receive, no matter what it’s for, is tax-free. Even if you receive lost wages as part of your settlement, you get that money tax-free.

One of the only times we worry about taxes with personal injury settlement is when the insurance company requests a confidentiality clause. This is something where after you settle, you’re not allowed to tell anyone about the settlement. In a famous case involving Dennis Rodman (yes, that Dennis Rodman), the IRS determined that any payments for confidentiality are taxable.

This creates a situation where an otherwise tax-free payment could be deemed taxable because it includes a confidentiality clause. So, when confidentiality clauses are necessary, we always make sure to craft them in a way that eliminates that the IRS will be looking to get a portion of your tax settlement. A little extra work ends up saving our client the headache when they file their taxes.

Social Media

Published on: February 4, 2019 | by Marcotte Law Firm LLC

If you’ve been in an accident and are making a claim for injuries, treat your social media just as you would when you are applying for a job. Insurance companies are constantly looking at Facebook, Instagram, and other social media platforms to see what injured people are doing.

What they’re first looking for are obvious pictures to show that someone is or is not injured. If you’re claiming that you have a bad ankle, but you post a picture running a 5K, the insurance company is going to question whether you’re really hurt.

The dangerous part is when a picture doesn’t tell the whole story. For example, many people who are injured miss out on enjoying family functions such as weddings. Injuries mean you miss out on joining in on the celebration and dancing. But, if you muster the strength to go out onto the dance floor for one song, the insurance company is going to use that to say that you’re not injured at all.

Why are the Insurance Companies Calling Me

Published on: January 14, 2019 | by Marcotte Law Firm LLC

If you’re in an accident, one thing you’ll notice is that you’ll start to get a lot of calls from insurance companies. Most of the time, they’ll start with an adjuster asking to make sure that you’re OK. They’re trained to do that to get you comfortable.

After that, there will be many questions. Where did the accident happen? How fast were you going? Who was in the car? Who was in the other car? Were you drinking?

Some are legitimate questions aimed to get your claim processed. Others are more sinister. The insurance companies will ask many questions hoping that you slip up and say that the accident was your fault or that you weren’t injured.

Underinsured Coverage

Published on: January 7, 2019 | by Marcotte Law Firm LLC

There are many different parts of a car insurance policy. One of the cheapest is underinsured motorist coverage. This covers you if you’re injured and the responsible person does not have enough insurance. A common example is when a college student causes a car crash, but only carries the minimum amount of insurance. Many times, it won’t be enough to cover medical bills and lost wages.

So, whenever you decide what coverage is right for you, always make sure you have as much underinsured coverage as you can get (known as Part 12 Coverage). It is relatively inexpensive and can pay big dividends should you need it.

Wrongful Death

Published on: October 10, 2018 | by Marcotte Law Firm LLC

According to the National Highway Traffic Safety Administration, distracted driving claimed 3,477 lives in 2015 (the most recent year with available statistics). That’s over three thousand people a year who are taken from their families because someone didn’t want to pay attention behind the wheel.

These tragedies leave behind families that struggle emotionally and financially. These families lose their mothers, fathers, children, and spouses. Gone is the ability to lean on them in times of struggle or share in the joys of life’s achievements. And what that’s replaced with is medical bills and funeral expenses. This can be especially burdensome if the victim was the primary earner of the family.

When a loved one’s life has been taken, it’s important to pick the right law firm that has the experience necessary to guide you through the complicated process. At Marcotte Law Firm, we have handled many cases for families in these unfortunate situations. In a family’s darkest moments, we take pride in being able to help put the pieces together.

Self Driving Cars

Published on: September 18, 2018 | by Marcotte Law Firm LLC

When a car runs a stop sign and causes an accident, it usually means the driver is at fault. But, what if there’s no driver? This is a major question that needs to be answered as self-driving cars change from theory to reality.

For over 100 years, we have created a legal landscape that is able to compensate people for losses from unintended consequences from driving. From laws that deal with getting a license, registering a car, and insurance requirements, we have created rules to keep people on the roads safe. We’ve also created rules to compensate the victim if a driver damages a person or a person’s property.

But, when there’s no driver, it can be more difficult to find out who is responsible. Was the owner of the self driving car doing something wrong, or was there something wrong with the car itself? Just the possibility of that kind of finger pointing can mean that resolving claims will take longer and be more difficult.

Drinking & Driving

Published on: August 30, 2018 | by Marcotte Law Firm LLC

With the holiday weekend coming up, all of us at Marcotte Law Firm would like to remind everyone to not drive if you’ve been drinking. In 2016, over 10,000 lives were taken because of car crashes involving a drunk driver. When it’s as easy as ever to get a cab or order a rideshare (or assign a designated driver) please think before you get behind the wheel.

Many believe that unless they’ve had a few drinks, it’s safe to drive. In reality, one drink can affect one’s ability to think and coordinate movement. When you’re driving a car, these two abilities are very important to ensure that you’re safe behind the wheel.

At the same time, if you’re having a party where people are drinking, keep an eye out to make sure no one else is over-indulging. If you think someone else has had too much, make sure he or she isn’t driving home. It may be an awkward situation, but it’s much better than finding out later that there was a car crash that could have been prevented.

Bicycle Accidents

Published on: August 28, 2018 | by Marcotte Law Firm LLC

When a vehicle is totaled, our clients are first worried whether everyone is okay. For some, it goes from bad to worse when they realize that they owe more on the car than it’s worth.

We often have to explain to our clients that insurance companies are only required to pay what the car is worth, which is called fair market value. If a loan is more than that, you’re going to owe the finance company the difference.

This is why the first question we ask our clients in this situation whether they have Gap Coverage. This is insurance that covers you if you owe more on your vehicle than its fair market value. It could mean the difference between being able to get a new car and having to take the bus for a while.