Personal Injury Law Blog
Check back soon for articles by Attorney John P. DiBartolo, Jr.
Check back soon for articles by Attorney John P. DiBartolo, Jr.
The Law Office of John P. DiBartolo, Jr.
Easthampton Office
247 Northampton Street, Ste 28
Easthampton, MA 01027
(413) 529-2955
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Greenfield Office
278 Main Street, Ste 306
Greenfield, MA 01301
(413) 772-2955
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16 Armory Street, Ste 4
Northampton, MA 01060
(413) 586-8655
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Disclaimer: This material has been prepared by the Law Offices of John P. DiBartolo, Jr. for informational purposes only and should not be construed as legal advice for any individual case or situation. Neither the transmission nor receipt of the information contained on this site constitutes an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional legal counsel. This material may be considered advertising under the rules of the Supreme Judicial Court of Massachusetts. No part of this material may be disseminated without this paragraph.
Attorney Fees for Medical Malpractice
Pursuant to Massachusetts General Laws Chapter 231 Section 60 I, attorneys' fees recovered in medical malpractice cases are not to exceed:
(1) 40% of the first $150,000.00 recovered;
(2) 33.33% of the next $150,000.00 recovered;
(3) 30% of the next $200,000.00 recovered; and
(4) 25% of any amount by which the recovery exceeds $500,000.00.
Serious Injury
A person must be seriously injured in order to bring an action for non-economic damages related to injuries sustained in a motor vehicle accident which occurred in Massachusetts. Massachusetts General Laws chapter 231 section 6 D, allows such an action to be maintained only if the reasonable and necessary expenses incurred in treating such injury are in excess of $2,000.00* unless such injury:
(1) causes death, or
(2) consists in whole or in part of loss of a body member, or
(3) consists in whole or in part of permanent and serious disfigurement, or
(4) results in such loss of sight or hearing.
*The $2,000.00 requirement includes expenses for: medical care, hospital care, surgery, x-rays, dental services, ambulance services and professional nursing services.