What Should I Do After Being Injured in an Accident in Vermont?

December 8, 2020 by Adam Bergeron

First, if you have been injured in an accident, make sure you obtain proper medical attention for your injuries. This may mean going to the emergency room, an urgent care clinic, or scheduling an appointment with your primary care physician.

If you were injured in a car accident, the police need to be called. The police officer will interview witnesses and prepare a crash report. This step is important especially if you were not at fault for the accident. The crash report will include information about the other driver and the driver’s insurance company.

If you are able, take photographs of anything that is relevant. This may include damage to the vehicles and any visible injuries.

After your immediate medical needs are met, this is a good time to think about calling a personal injury lawyer. It’s best to call a lawyer before making any recorded statements to an insurance adjuster.

At Bergeron, Paradis & Fitzpatrick we have been helping injured Vermonters obtain compensation for their personal injuries for over 30 years. Attorney Adam Bergeron, leads the personal injury practice group from the firm’s Essex Junction office location. When you call the firm you can speak directly with Adam about your injury claim and schedule your free initial consultation. Click here to email Adam or call 802-879-6304.

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Can I Afford a Lawyer for My Vermont Personal Injury Case?

December 8, 2020 by Adam Bergeron

Yes. Most personal injury lawyers work on a contingent fee basis. This means that you do not need to pay any money upfront and you do not owe any money to your lawyer unless and until your case is resolved and you receive compensation. At that time, the lawyer’s fee will be based on a percentage of the amount recovered.

In addition, most personal injury lawyers should provide a free initial consultation. This is an opportunity for you to ask questions about the contingent fee, and for you to make sure you feel comfortable with the lawyer.

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Unemployment Claims During COVID-19

April 1, 2020 by Ed Fitzpatrick

Many of our business clients are having to layoff employees, or let them go entirely, as a result of the “Stay at Home” Order from the State. Fortunately, the State has taken some action to lessen the financial sting; it most cases your rating will not increase.

This is the answer provided by the Department of Labor:

Frequently Asked Questions

EMPLOYERS

Q: What impact does the bill (H.742) signed by Governor Phil Scott on March 30, 2020 have on Vermont employers?

A: The bill will provide the following relief for employers:

Employer’s experience ratings will not be charged for benefits paid to employees for any of the COVID-19 related reasons (as detailed in Employee question ‘Am I eligible for benefits‘)

If Employer rehires or offers to rehire employees within a reasonable time, employer will also be relieved of charges for up to eight weeks where:
- Employer temporarily ceased operations in response to request from a public health authority, emergency order from the Governor or President, or actual exposure to COVID-19 at the workplace;
- Employee becomes unemployed due to a state of emergency declaration or order/ directive of the President or Governor; or Employee isolates or quarantines at recommendation of medical professional or public health authority.

Q: What if I am forced shut down my business due to COVID-19 impact? Are my employees eligible for unemployment benefits?

A: If you are forced to temporarily shut down business operations, your employees will likely be eligible for unemployment benefits, assuming they meet all other eligibility criteria, and have a return to work date that occurs before the 10-week maximum. Under this circumstance, unemployment insurance claims made by impacted employees will be charged against the employer’s account.

What is the Value of Pain & Suffering?

October 25, 2017 by Adam Bergeron

A personal injury claimant is entitled to be compensated for his or her pain and suffering. But what does that mean, and more importantly, how do we calculate an amount of money for pain and suffering?

First, it’s helpful to have a general overview of personal injury damages.

There are two broad categories of personal injury damages: economic losses on one side, and non-economic losses on the other. Economic losses include such things as medical expenses, lost wages, and other tangible expenses that can be calculated. On the other hand, non-economic losses are intangible.

Pain and suffering is a non-economic loss. An intangible. It’s hard to grasp and there is no precise method of calculation. In Vermont, pain and suffering may include compensation for disability, disfigurement, mental anguish, and loss of enjoyment of life. These consequences of an injury may be temporary for a defined period, or they may be permanent.

When we evaluate pain and suffering, we are predicting what a jury is likely to award to an injured person after hearing evidence about how the injury has impacted the person’s life. The evidence of pain and suffering is different for every person but in every case it includes a comparison between the person’s life pre-injury and post-injury. How has the person’s life changed as a result of being injured?

Vermont personal injury lawyers who can help

Since most cases do settle without a jury trial, we use data from past jury trials and settlements to determine what we believe is appropriate compensation for pain and suffering. It’s important to note that appropriate compensation does not mean adequate compensation. In reality, there is no amount of money to adequately compensate a person for living with the effects of a personal injury.

If you have questions about a personal injury case, please contact me for a free consultation. Call 802-863-1191 and ask for Adam or email me by clicking here or use the contact form below.

Who Pays The Medical Bills?

October 11, 2017 by Adam Bergeron

If you have been injured by someone else’s negligence, you may be feeling overwhelmed by questions about who will pay for all of your medical treatment.

That’s entirely normal because it is complicated and expensive. The last thing you want is to be injured and be in debt for unpaid medical bills.

Part of what we do for our personal injury clients is figure out how the medical bills will be paid. We want our clients to focus on their treatment and on getting better, not stressing about how to pay for it – or worse, not getting the treatment they need.

Many of our clients are surprised to learn that we do not ask the negligent person’s insurance company to pay for the medical bills at the time of treatment. Instead, we look to the insurance company for payment at the end of the case as part of an overall settlement for all damages, including the medical expense, lost wages, pain and suffering, and any permanent disability.

In the meantime, we will evaluate other insurance coverage for the medical bills. This could be a private health insurer (such as Blue Cross Blue Shield of Vermont), Vermont Medicaid, or medical payments coverage under your own auto policy.

If the medical bills are paid by another entity, or remain unpaid, we’ll make sure to get all claims for reimbursement or payment resolved at the time of settlement.

If you have private health insurance and have suffered a personal injury, especially if you have been in a motor vehicle crash, you may receive a letter like the following from your health insurer. The following letter is what is typically sent out by Blue Cross Blue Shield of Vermont to its insureds after they’ve been injured in a crash.