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  • Attorney John Finbury takes novel issue in a negligence claim against the City of Haverhill to the Massachusetts Supreme Judicial Court, and wins.

    Click here to view opinion

    Click here to watch oral argument
  • $500,000 worker's compensation settlement
    for Massachusetts Home Depot employee who suffered severe spinal injury when he hyperextended his body in order to avoid being struck by employee pushing carriages towards him in an aisle.
  • $400,000 worker's compensation settlement
    for Massachusetts truck driver who injured lower back as a result of a fall in gas station while delivering gasoline.
  • $230,000 worker's compensation settlement
    for employee who developed RSD/CRPS following finger joint surgery for work-related repetitive stress injury.
  • $1.5 Million Verdict
    in Essex County for serious personal injuries caused by a drunk driver in a motor vehicle accident.
  • $1.4 Million Verdict
    in Essex County for a young man who was injured when a stool collapsed at a restaurant in Haverhill, Massachusetts. It was necessary to use experts in the field of medicine, economics, and vocational rehabilitation to prove the damages suffered by this client.
  • $1.3 Million Settlement
    In Essex County for an electrician injured in an arc blast while working in North Andover. He suffered burns and a fractured elbow. Medical, electrical and code experts were used to prove liability and damages. The firm is experienced in filing suit and litigating these types of cases in order to obtain the maximum benefit to which our clients are entitled.
  • $1.275 Million Settlement
    in Essex County where a motor vehicle chased by the police crashed and overturned resulting in injuries to a passenger. The injuries included fractured vertebrae which required surgery and which resulted in a permanent injury, as well as internal complications and lower leg ailments.
  • $1 Million Verdict
    in Essex County Superior Court (Lawrence, MA) for a wife who was beaten and stabbed by her husband, leaving her with significant permanent injuries.
  • $835,000 Settlement
    in New Hampshire for a medical malpractice claim and related workers' compensation claim involving a failed sympathetic block for complex regional pain syndrome.
  • $767,000 Settlement
    for a man who was partially paralyzed as the result of a motor vehicle collision. The plaintiff was a passenger in a vehicle in which the operator was over-served at a club in Haverhill. Expert testimony was used to prove that improper training and serving procedures led to the over-serving of alcohol.
  • $750,000 Verdict
    in Newburyport Superior Court for a woman injured in an auto collision. The insurance company offered $75,000 to settle, one-tenth of the ultimate verdict. That offer was refused and we went to trial. With interest the verdict exceeded $1,000,000.
  • $650,000 Settlement
    for a liquor liability case in New Hampshire
  • $450,000 Workers' Compensation Settlement
    where a New Hampshire employee was contaminated by chemicals in the air at his place of employment in Massachusetts.
  • $450,000 Settlement
    in Hillsborough County New Hampshire where a young teacher slipped and fell while exiting a convenience store resulting in orthopedic injuries and a closed head injury.
  • $400,000 Verdict
    in Middlesex County Superior Court (Cambridge, MA) for a young man injured at the Haverhill train station when the train began pulling away as he was boarding. A final offer of $25,000.00 was rejected. With interest, the final judgment was over $500.00.00.
  • $379,000 Arbitration Award
    For tenant in commercial lease dispute
  • $250,000 Verdict
    in Essex Superior Court (Lawrence, MA) for a mailman attacked by two dogs in the course of his employment, resulting in injuries to his back and neck as he was fleeing from the animals. With interest the judgment exceeded $316,000.00.
  • $250,000 Settlement
    in Rockingham county for a Newton, New Hampshire woman who was severely injured in a head-on collision resulting in multiple fractures.
  • $225,000 Settlement
    in Essex County where an employee slipped and fell on her way into work as a result of weather conditions. She settled with the workers' compensation carrier as well as the owner and property maintenance company.
  • $150,000 Verdict
    in Suffolk County for a patron of a bar whose leg was fractured by the negligent conduct of a security guard.
  • $150,000 Settlement
    in Rockingham county for a woman who was severely injured when she slipped and fell on water at a major department store. A lawsuit was necessary to obtain discovery which ultimately showed that the store allowed a freezer to leak for several days without adequate clean up..
  • $140,000 Settlement
    in Essex county for a Methuen woman who suffer a fractured hip on a dark outside stairway due to the landlord's failure to properly maintain the lighting.
  • $45,000 Settlement
    in Essex County for a boy under 2 years old who fell from a landing in a rented apartment due to improper construction of a railing.
  • $25,000 Settlement
    in Rockingham County for a man injured when he slipped on icy stairs at a mall in Southern New Hampshire as a result of negligent maintenance of the property.

What Is A Settlement Lien

Explanation of Liens in Massachusetts and New Hampshire Auto Accident Cases

Certain liens may be placed on personal injury cases, such as auto accidents, and may require payment out of the proceeds of such cases to the lien holders.

For Massachusetts:

Whenever a personal injury case is settled in Massachusetts, the insurance company is required by law to check with the Department of Revenue to see if the person receiving the settlement has any outstanding obligation for child support, public benefits of any kind, or any other money owed to the Department of Revenue, such as taxes. If so, then the insurance company is obligated to pay that portion of the settlement directly to the Department of Revenue after deduction of attorneys fees and costs. If you have any outstanding obligation for child support in the Commonwealth of Massachusetts, you must understand that the attorney has no power or ability to avoid that lien. New Hampshire may also attempt to assert a lien for child support. Any child support obligations should be rectified by the client to avoid an unpleasant surprise at the time of settlement.

For Massachusetts and New Hampshire:

Sometimes in personal injury cases the plaintiff has health insurance. Health insurance may pay some or all of the medical bills. Any time that is done, health insurance has the ability to put a lien on the file. Normally, in health insurance contracts, it is explicitly stated that if the plaintiff receives any settlement or judgment from the person at fault, then the health insurance company is entitled to be reimbursed for the amount they paid out for medical expenses. The theory is that the defendant reimburses the plaintiff for medical expenses and, therefore, if health insurance also pays the medical expenses, then the plaintiff is reimbursed twice for the same expenses. Health insurance providers may put a lien on the file by notifying the client, the attorney, or the defendant’s insurance company, or all three. Once notified, the attorneys have no discretion in the matter and must reserve a sufficient amount for the health insurance lien. It is important that you inform the attorney of any notice from a health insurance carrier. If the health insurance carrier does not put a lien on the file, the attorney has no obligation to contact them regarding any potential lien.

On occasion the health insurance carrier will not place a lien on the file before settlement. However, after all of the funds have been disbursed, they will seek reimbursement of the amount they paid. In this case, the attorney might be holding no funds and everything may have been disbursed. It would be the client’s responsibility to deal with the health insurance provider at that point, though an attorney can assist. Although this is an infrequent occurrence, it may happen.

If the client is aware that health insurance paid any bills, there are two choices. One is to notify the health insurance carrier. In that instance they will almost definitely put a lien on the file. The other is to decline to notify the health insurance carrier. In that instance, if the health insurance carrier has not placed the attorney or client on notice of a lien, then the settlement proceeds would be disbursed as if there were no lien. If the health insurance carrier later seeks to be reimbursed, it would be the client’s responsibility to do so out of the settlement proceeds.

For further information please contact an attorney at our firm today.

Free Initial consultation: Contact a personal injury lawyer at Finbury & Sullivan, P.C. today for a free consultation. We offer home and hospital visits.