QUINCY PERSONAL INJURY LAWYER
CAR AND MOTORCYCLE ACCIDENT ATTORNEY
781.331.1500
Free consultation. Home and Hospital Visits. No fee unless successful.
Massachusetts Personal Injury Law permits a person injured as a result of the negligence of another to bring a claim for damages. In limited circumstances, the law permits recovery even without a showing of negligence. In all car accident cases, no fault and at fault principles apply. If you are planning on making a claim for injuries, then you need to understand how these principles can affect your claim. As an attorney with more than 30 years of experience, I handle all types of personal injury cases.
No Fault: Massachusetts Personal Injury Law requires that every car accident insurance policy issued in this state contain a no fault provision called Personal Injury Protection (PIP). This means that if you are in a car accident, you are afforded certain rights no matter who was at fault for the accident. PIP guarantees that the insurance company will pay the first $2,000.00 of your medical bills. If you do not have medical insurance, the coverage amount increases to $8,000.00. PIP also covers a percentage of lost wages. The total amount available for lost wages and medical bills is $8,000.00. There is no PIP protection for motorcycles. PIP only covers medical bills and lost wages. If you wish to make a claim for bodily injuries, then you need to make an at fault claim.
At Fault: Under Massachusetts Personal Injury Law, you must show that the other person was negligent in order to recover for your bodily injuries. Unlike no fault, a claimant must prove by a preponderance of the evidence that the other party was 50% or more at fault. If you are more than 50% at fault, there can be no recovery. Massachusetts Personal Injury Law also recognizes that a damage award will be reduced by the amount of your comparative negligence, if any. Thus, if you are 25% at fault for the accident, then the award will be reduced by that same percentage. In order to prove the other party to be at fault, it may be necessary to employ the services of an accident reconstruction expert.
Strict Liability: There are a few circumstances in which you may recover even though the other party was not negligent. For example, in dog biting cases the dog owner is strictly liable for the injuries caused by his/her dog. You only need to prove that the other party was the owner or otherwise had control of the dog.
Damages. A damage claim includes, but is not limited to, past and future pain and suffering, medical expenses, lost wages, interference with family relationships and emotional distress. Expert testimony concerning the nature and extent of the injuries may be advisable. Testimony from a vocational expert as to future wage loss is also helpful.
Punitive damages are not allowed except in wrongful death cases. You need to be aware that insurance policies do not provide for punitive damages.
Sample Awards:
In my experience, the best settlements are obtained by preparing every case as if it is going to be tried. The insurance companies treat most claims for injuries cavalierly. To get the insurance company to take your claim seriously, you must show the adjuster that you are capable and willing to take the case to trial. There is no magic here. The best awards come from diligent, thorough preparation of the claim.
Gunshot wound. $500,000.00. Client, an 11 year old boy, was accidentally shot in the face by a friend. The case settled for the full amount of the homeowner's insurance policy.
Motorcycle accident. $250,000.00. Client received substantial injuries while riding his motorcycle when struck by a car. The impact broke his femur bone in two places. Client underwent surgery to have a steel rod placed in his leg and was out of work for several months. The case settled for $250,000.00 which was the full amount of the insurance policy. The case was worth more, but the driver, age 89, had no other assets to satisfy a judgment.
Car accident. $97,500.00. Client was passenger in car that was hit by a tow truck, sustaining a ruptured disc in her neck. The injury substantially impacted her ability to work. In addition, she could not enjoy her activities with her children as she once had. Liability was disputed. In my representation of client, I found that the other driver had submitted a false accident report to the police department, one that was very different from the report he previously gave to his insurance company. In addition, my analysis of the debris at the scene of the accident showed that the other driver to have been at fault.
The case was put into suit. At the mediation hearing, the insurance company made an offer of $65,000.00 and asserted that the offer was fair in light of other reported settlements. I argued that my client’s case deserved more given the effect the accident had upon her relationship with the children and that we were prepared to go to trial if necessary. The insurance company relented and the case settled.
Car Accident. $50,000.00. Client, age 17, received a laceration to her forehead after driver lost control of his car. After the accident, she was taken to Children’s Hospital where a surgeon sutured her wound. Case settled for the maximum amount of the policy.
Pedestrian Accident. $40,000.00. Client was struck by an intoxicated driver. He underwent arthroscopic surgery for an injury to his knee. The insurance company would not offer more than $25,000.00 to settle the claim. I immediately filed a complaint in the superior court. As the case was being prepared for trial, I received an expert witness report from the insurance company. The report stated that my client’s injuries were not caused by the accident. The doctor explained that the nature of my client’s injury could only have occurred by repetitive stress. I found that the doctor had written a book in which he wrote that my client’s type of injury could be caused by either a single impact or repetitive stress. At the mediation hearing, I produced the book. The case settled quickly.
Slip and Fall. $21,000.00. Client tore a ligament in her shoulder when she fell on a snow covered driveway. The records from the National Weather Service showed that the snow was light and could easily have been removed by homeowner. The adjuster agreed and the case settled.
Dog Bite. $18,000.00. Client was bitten by a Rottweiler Defendant denied that she was the dog’s owner. I took depositions from witnesses to prove otherwise. Case settled one month before trial.
If you have been in an accident and would like to know about your rights, please feel free to call me at 781.331.1500, send me an e-mail at [email protected] or use the contact form to schedule a no obligation consultation.
CAR AND MOTORCYCLE ACCIDENT ATTORNEY
781.331.1500
Free consultation. Home and Hospital Visits. No fee unless successful.
Massachusetts Personal Injury Law permits a person injured as a result of the negligence of another to bring a claim for damages. In limited circumstances, the law permits recovery even without a showing of negligence. In all car accident cases, no fault and at fault principles apply. If you are planning on making a claim for injuries, then you need to understand how these principles can affect your claim. As an attorney with more than 30 years of experience, I handle all types of personal injury cases.
No Fault: Massachusetts Personal Injury Law requires that every car accident insurance policy issued in this state contain a no fault provision called Personal Injury Protection (PIP). This means that if you are in a car accident, you are afforded certain rights no matter who was at fault for the accident. PIP guarantees that the insurance company will pay the first $2,000.00 of your medical bills. If you do not have medical insurance, the coverage amount increases to $8,000.00. PIP also covers a percentage of lost wages. The total amount available for lost wages and medical bills is $8,000.00. There is no PIP protection for motorcycles. PIP only covers medical bills and lost wages. If you wish to make a claim for bodily injuries, then you need to make an at fault claim.
At Fault: Under Massachusetts Personal Injury Law, you must show that the other person was negligent in order to recover for your bodily injuries. Unlike no fault, a claimant must prove by a preponderance of the evidence that the other party was 50% or more at fault. If you are more than 50% at fault, there can be no recovery. Massachusetts Personal Injury Law also recognizes that a damage award will be reduced by the amount of your comparative negligence, if any. Thus, if you are 25% at fault for the accident, then the award will be reduced by that same percentage. In order to prove the other party to be at fault, it may be necessary to employ the services of an accident reconstruction expert.
Strict Liability: There are a few circumstances in which you may recover even though the other party was not negligent. For example, in dog biting cases the dog owner is strictly liable for the injuries caused by his/her dog. You only need to prove that the other party was the owner or otherwise had control of the dog.
Damages. A damage claim includes, but is not limited to, past and future pain and suffering, medical expenses, lost wages, interference with family relationships and emotional distress. Expert testimony concerning the nature and extent of the injuries may be advisable. Testimony from a vocational expert as to future wage loss is also helpful.
Punitive damages are not allowed except in wrongful death cases. You need to be aware that insurance policies do not provide for punitive damages.
Sample Awards:
In my experience, the best settlements are obtained by preparing every case as if it is going to be tried. The insurance companies treat most claims for injuries cavalierly. To get the insurance company to take your claim seriously, you must show the adjuster that you are capable and willing to take the case to trial. There is no magic here. The best awards come from diligent, thorough preparation of the claim.
Gunshot wound. $500,000.00. Client, an 11 year old boy, was accidentally shot in the face by a friend. The case settled for the full amount of the homeowner's insurance policy.
Motorcycle accident. $250,000.00. Client received substantial injuries while riding his motorcycle when struck by a car. The impact broke his femur bone in two places. Client underwent surgery to have a steel rod placed in his leg and was out of work for several months. The case settled for $250,000.00 which was the full amount of the insurance policy. The case was worth more, but the driver, age 89, had no other assets to satisfy a judgment.
Car accident. $97,500.00. Client was passenger in car that was hit by a tow truck, sustaining a ruptured disc in her neck. The injury substantially impacted her ability to work. In addition, she could not enjoy her activities with her children as she once had. Liability was disputed. In my representation of client, I found that the other driver had submitted a false accident report to the police department, one that was very different from the report he previously gave to his insurance company. In addition, my analysis of the debris at the scene of the accident showed that the other driver to have been at fault.
The case was put into suit. At the mediation hearing, the insurance company made an offer of $65,000.00 and asserted that the offer was fair in light of other reported settlements. I argued that my client’s case deserved more given the effect the accident had upon her relationship with the children and that we were prepared to go to trial if necessary. The insurance company relented and the case settled.
Car Accident. $50,000.00. Client, age 17, received a laceration to her forehead after driver lost control of his car. After the accident, she was taken to Children’s Hospital where a surgeon sutured her wound. Case settled for the maximum amount of the policy.
Pedestrian Accident. $40,000.00. Client was struck by an intoxicated driver. He underwent arthroscopic surgery for an injury to his knee. The insurance company would not offer more than $25,000.00 to settle the claim. I immediately filed a complaint in the superior court. As the case was being prepared for trial, I received an expert witness report from the insurance company. The report stated that my client’s injuries were not caused by the accident. The doctor explained that the nature of my client’s injury could only have occurred by repetitive stress. I found that the doctor had written a book in which he wrote that my client’s type of injury could be caused by either a single impact or repetitive stress. At the mediation hearing, I produced the book. The case settled quickly.
Slip and Fall. $21,000.00. Client tore a ligament in her shoulder when she fell on a snow covered driveway. The records from the National Weather Service showed that the snow was light and could easily have been removed by homeowner. The adjuster agreed and the case settled.
Dog Bite. $18,000.00. Client was bitten by a Rottweiler Defendant denied that she was the dog’s owner. I took depositions from witnesses to prove otherwise. Case settled one month before trial.
If you have been in an accident and would like to know about your rights, please feel free to call me at 781.331.1500, send me an e-mail at [email protected] or use the contact form to schedule a no obligation consultation.
