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ATTORNEY MARGOLIN IS NO LONGER ACCEPTING NEW COLLEGE DISCIPLINARY CASES. FEEL FREE TO ENJOY THE CONTENT OF THIS WEB SITE THROUGH MARCH 30, 2018.

Not All Car Crashes Are Equal

Every accident victim of someone else’s negligence deserves fair compensation for their injuries, whether life-altering or merely temporary aches and pains. Some years ago, the Massachusetts legislature radically changed the means to obtain compensation for lesser injuries, by passing the State’s “no-fault” law. Under the no-fault statute, an individual injured in a car accident can obtain reimbursement from his own insurer (or if he was a passenger, from the insurer of the car in which he was driving) for up to $8,000.00 in combined lost wages and medical benefits. If you have health insurance, then the automobile insurer pays the first $2,000.00 of medical expenses. Only if reasonable medical expenses exceed $2,000.00, or if you have suffered a fracture, scar or other permanent disfigurement, can you sue the negligent driver for pain and suffering. I am in favor of the no-fault law, as I don’t think that every minor accident should result in a lawsuit. In the bad old days before no-fault, there was a lot of abuse – far more than today. Some lawyers made healthy incomes by handling scads of minor accident cases and trumping up the damages. I have vivid memories from early in my private practice, of a law firm that appeared to be a medical supply house. Clients would ride up the elevator to the firm looking fit, and emerge an hour later wearing neck braces or leaning on crutches – the evil opposite of the Lourdes Shrine. Let’s face it – lawyers such as that one contributed mightily to the enactment of no-fault auto insurance. Fortunately, victims of serious personal injuries are still guaranteed their day in court.