NPH INJURY REPORT. Personal Injury Legal Update & Benefits for NEPBA Members COPYRIGHT 2009, NOLAN PERRONI HARRINGTON, LLP. ALL RIGHTS RESERVED.

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1 NPH INJURY REPORT Personal Injury Legal Update & Benefits for NEPBA Members

2 Economic Recovery for the Injured Law Enforcement Professional Some Important Facts There are several common sources of recovery when an officer is injured, depending on where the injury occurs. Two primary sources are: (1) line of duty pay; and (2) third party claims against those responsible for causing the injury. When you are injured in the course of your employment and, as a result, receive line of duty benefits, you may have an obligation to repay your employer (or their insurer) some portion of any benefits you recover from the third-party that caused the injury.

3 Employer Liens: As a matter of law, Municipal employers have legal claims, called liens, to recover money paid to you in the event you recover from a third party. These liens can significantly impact any financial claim you may have against the person responsible for causing the injury. For example, Officer A injures his back when he is rear-ended in a cruiser accident. The Officer is out of work for 2 months, and gets pay and medical benefits in the amount of $15, Officer A then recovers another $15, from the insurer of the person at fault in the accident. Officer A, after paying his personal attorney the customary 1/3 legal fee, potentially has to pay his employer the remaining amount of the $15, he recovered, leaving Officer A with nothing. Because of the significance of the lien, it is very important that your injury attorney have a strong familiarity with law enforcement line of duty benefits. It is also helpful if there is a working relationship with your employer, so that any amount you need to repay is properly negotiated leaving you with the biggest possible net recovery.

4 Negotiating with Third Party Insurance Companies: Law Enforcement injury claims are often unfamiliar to the typical insurance company adjuster. In Massachusetts for example, insurance adjusters are often unaware of GL c. 41, Sec. 111f benefits (line of duty pay), how 111f liens function, and the effect on line of duty pay on other insurance benefits available (Personal Injury Protection Benefits, for example). Significantly, when adjusters are placing a value on these claims, they are often unfamiliar with the extensive job requirements of law enforcement, and that often there is no light duty available, which may increase the value of claims. Because of the lack of experience most insurers have with these claims, it is extremely important that your injury attorney be familiar with all the aspects of your job, as well as all the legal and practical components of this type of injury case. Properly educating the insurance adjuster about these issues, and proper handling of the line of duty lien, will help to avoid the mistake of undervaluing your case, and will result in maximum net recovery from all liable parties.

5 Legal Fees Personal injury attorneys customarily charge a 1/3% contingency fee. Fees are paid only in the event your case is settled, or if a successful verdict is obtained at trial. The fee is taken on the gross recovery (i.e. $30, recovery results in a $10, legal fee.) Discounted Fees with NPH Legal. NEPBA members get a reduced contingency fee (25%) on such cases. In the example above, the legal fee would be reduced from $10, to $7, a significant savings.

6 NPH Personal Injury Practice NPH Lawyers represent thousands of Law Enforcement Professionals both in labor matters and in personal injury cases. We are very familiar with the issues affecting your profession, and are uniquely qualified to protect the interests of you and your family. Over the years we have recovered millions of dollars for victims of negligence. The following pages contain just a few examples of cases our lawyers have handled.

7 Motor Vehicle Accident - Recovery $120, Passenger involved in a car accident fractured a lumbar disc. Case settled after just a few months, without the need for litigation. Collected the maximum under several insurance policies. Police Cruiser Accident - Recovery $250, Police Officer involved in a high speed collision. Officer lost significant overtime and detail pay. Case settled after litigation. As part of the settlement, the Department agreed to significantly reduce its 111(f) lien - a savings that went directly into the officer s pocket. Police Cruiser Accident - Recovery $75, Officer injured in motor vehicle collision. Resulting injury was aggravation of pre-existing injury, requiring arthroscopic surgery. Town paid all medical bills. The case settled without the need for litigation. Premises Liability - Recovery $50, Officer fell while entering residential premises in the course of his duties. Case settled after litigation, with the Town agreeing to reduce its 111(f) lien by more than 50%. Premises Liability Recovery $130, Client injured her ankle requiring surgery. Recovered from Condo Association responsible for snow removal.

8 Motor Vehicle Accident - Recovery $192, Defendant drove through a stop-sign and T-boned client s car. Resulting injury was broken tibia, requiring surgery. Case settled prior to trial. Premises Liability Recovered in Excess of $3,000, Representation of plaintiff in construction site accident resulting in a significant spinal chord injury. Case settled prior to trial after lengthy mediation. Motorcycle Accident Recovery $125, Represented motorcycle operator struck by vehicle making left turn in front of him. Two insurance companies initially denied coverage. Client had broken tibia. After NPH involvement, case settled within four months for full policy limit. Premises Liability Case Recovery $210, Defendant was large retailer. Negligent design of facility. Motor Vehicle Accident Recovery $155, Client was a passenger who injured her shoulder, requiring minor surgery. Construction Accident Recovered in Excess of $400, Client suffered significant burns. Recovered from liable contractors on site.

9 Bring your personal injury case to NPH. We know your issues. We have a long record of success. You get a substantial savings. CALL (978) MASSACHUSETTS & NEW HAMPSHIRE Call (978)