After a Massachusetts car accident, the costs can add up quickly. Even if the driver causing the accident has auto insurance, his policy limits can fall woefully short of covering medical bills stemming from the accident. Drivers and policy holders can then look to their own auto insurance policy for…
Auto insurance is designed to provide benefits after an accident to help streamline payments and help the injured parties heal. During a stressful, unusual time, an insured may not be in the state of mind to ensure the company has her or his best interests in mind. To protect consumers,…
Before any jury trial, the attorneys for the parties to the lawsuit can speak to, question, and make strikes of citizens within the jury pool to shape the eventual panel that hears the case and decides whether liability exists and which (if any) damages to award. This is known as…
When filing a lawsuit in Massachusetts’ civil court system, the alleged at-fault party must be notified properly. When the at-fault party is an employee of a company, notifying the right person can get complicated. A recent Appeals Court case reviews the notice requirement under the Massachusetts Tort Claims Act, G.L.…
Underinsured motorist benefits are designed to help pay for costs related to a car accident when the at-fault party’s insurance policy falls short. Underinsured coverage is generally elective, and several cases have looked at whether or not benefits were explicitly rejected. In Progressive Direct Ins. Co. v. Wilson (16-P-544), a…
Most would agree that it is challenging to deal with any type of car accident, regardless of the level of the injury. In Adams vs. Congress Auto Insurance Agency (15-P-452), the injured driver had to unfortunately deal with an at-fault party who not only struck his vehicle but also called…
Since insurance coverage is mandated by law, most car accident victims must deal with one or more insurance companies when seeking compensation for injuries to their person and property. An insurance company must follow certain settlement guidelines found within Massachusetts’ General Laws in order to ensure fair claims settlement practices.…
When an at-fault party is faced with a lawsuit, they will raise any and all legal defenses available to avoid liability. In all litigation, courts attempt to avoid duplicative processes to provide efficient and effective justice. The legal doctrines of res judicata and collateral estoppel bar re-litigating claims or issues…
Recently, the Supreme Judicial Court weighed whether or not an affidavit submitted by an administrator of an estate had to be based on personal knowledge. In Bayless vs. T.T.S. Trio Corp., (474 Mass. 215), the estate filed suit for a man who died after a solo car accident, which occurred…
In urban environments, many modes of transportation are used to get from one place to another. Roadways are often shared by pedestrians, different sizes of vehicles, and bicycles. However, pedestrians and cyclists are the ones who have the greatest risk of a catastrophic injury if they are struck by a…