Additional Information:

I was a passenger on my brother’s motorcycle and we got into an accident on Rte 290 near Shrewsbury. The driver of the car was at fault and was issued a citation.  I had to go to the emergency room after the accident and I still have back and neck pain and am in physical therapy.  Is insurance coverage the same for a motorcyclists? Who will pay my medical expenses and what legal steps do I now take?

ATTORNEY ANSWER:

You are unfortunate in that motorcycle insurance in Massachusetts usually does not include a Personal Injury Protection (PIP) component that would pay your medical bills as it does for autos unless your brother specifically added it to his policy.  Therefore, you (or your health insurance carrier) must pay your medical expenses.  On the plus side, you do not have to wait to see if your medical expenses will exceed the statutory threshold for filing a lawsuit against the driver for the personal injury damages you received in the accident, such as your medical bills and any conscious pain and suffering.  The claims adjusters for each of the insurance companies are in essence adversarial now because their payments to you will be based upon the liability of their insureds rather than upon the no-fault insurance provisions.  The next step you should take is to hire an attorney to represent you and to protect your rights in connection with the accident and your claim against the drivers of the car and the motorcycle. [Read more...]

Additional Information:

There was loose carpeting and several other guests tripped over the carpet before me.  Other diners and servers were witnesses.  I’ve since had knee surgery and continue with medical treatment and therapy.  Do I have a personal injury case against the restaurant and can I sue for damages as I will probably have permanent pain in my knee?

ANSWER:

Whether you can recover for the injuries that you suffered in your fall is going to depend more upon facts other than the loose carpeting alone.  The fact that other guests tripped on the carpeting suggests that the condition existed long enough that the owner was or should have been aware of the dangerous carpeting and that he/she failed to correct it, which would permit your recovery.  On the other hand, your awareness of the other guests tripping on the carpeting also suggests that you were aware of the defect but failed to use due care in traversing it, which may excuse the owner’s failure to remedy the condition because you assumed the risk and then failed to use due care in crossing the carpet.  Such slip/trip-and-fall cases are very fact-specific and often turn on nuances regarding what you knew or saw before you fell or whether there were other available passageways that were safer.  Gathering information from the witnesses about the defective condition, the timing of the earlier incidents, and any notice to the owner regarding the prior incidents would be important to evaluate your probability of success. [Read more...]

Additional  Information:

We are being sued for more than we have on our insurance policy. I’m worried we will lose everything, our home and everything we have saved.  Can we protect our home and our assets in a personal injury lawsuit?

ANSWER:

While it is obviously too late to increase the limits on your insurance policy to protect against this accident, it is not too late to increase them to protect against the next accident.  There may be other tools available to protect some or all of your assets.  The easiest and the cheapest to utilize is the homestead exemption on your principal residence under G.L. c. 188.  By recording a declaration of homestead in the appropriate registry of deeds you can receive the declared homestead exemption of up to $750,000, if the residence is owned jointly or as tenants by the entirety.  Other available tools are more costly and require that you consult with an attorney to plan for that protection and to draft any needed documents or instruments.  The number and kinds of other assets you own will dictate which tools, if any, are right for you. [Read more...]

ANSWER:

If you have been injured in a motor vehicle accident, there may be parties other than the at-fault driver who share responsibility for what happened. If the accident occurred because the other driver was drunk, and a business served alcohol to the visibly intoxicated driver before the accident, your state’s dram shop law may allow you to hold the business liable; this varies from state to state. If a defect in one of the autos caused or worsened the accident, the vehicle manufacturer may be responsible for the injuries that resulted. Or a third party may have left debris in the road or caused one of the drivers involved in the accident to undertake a risky driving maneuver to avoid collision. Finally, if the owner of the car driven by the at-fault driver negligently allowed the driver to use the car, the owner may be liable, too. [Read more...]

ANSWER:

Even though your state may require all drivers to carry a certain level of auto insurance, that doesn’t mean that everyone follows the law. This is why some states require insurance companies to offer drivers uninsured and underinsured motorist coverage. If your insurance policy has this feature, then it may compensate you for some of your losses. [Read more...]

ANSWER:

Before you accept anything – or sign anything – from an insurance company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or you have to miss a lot of work. Consult an attorney before you negotiate with the insurance company.

ANSWER:

It is best to speak with an attorney right away. The time limits for taking legal action vary by state, and they may also be affected by insurance policy specifics. The nature of your injuries may even change the amount of time you have to bring a claim.

ANSWER:

Your personal injury attorney can speak with you about this, but even attorneys can’t necessarily pinpoint what your case is worth until it is close to a resolution. Many factors, including the circumstances of the accident, the state of the drivers involved and the insurance companies influence the outcome. So do your medical bills, your loss of income and the nature of your injuries. An experienced lawyer can work with you to decide whether to pursue legal action and how to proceed. [Read more...]

ANSWER:

Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your fault is found to be over a certain level, it is more difficult to recover compensation. An auto accident attorney in your state can advise you on the rules in your area. [Read more...]

ANSWER:

Maybe. Your case may settle even before your attorney files a lawsuit; on the other hand, it may go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.