Massachusetts Personal Injury and Workers' Compensation Law Blog

SJC Announces New Procedural Amount Requirements

The Supreme Judicial Court (SJC) is the highest appelate court in Massachusetts.  For many years it has declared that the Municipal Courts and District Courts in Massachusetts were only allowed to hear cases with values not exceeding $ 25,000.

It recently decided that for now on, the Municipal Courts and District Courts shall be allowed to hear cases with values not expected to exceed $ 50,000.  The Superior Court in turn will now will have fewer cases to hear since it no longer will hear cases valued at less than $ 50,000.  This will result in many more cases being filed in the District Courts and Municipal Courts, and likely will further clog these already busy courts.  This will likely in turn lessen the number of cases that will be filed in the Superior Courts.

What If The Other Driver Does Not Have Enough Insurance?

Far too many times in my years of representing car accident victims have I handled cases in which there is inadequate insurance to cover my clients’ injuries.  Unfortunately, until the Massachusetts legislature enacts higher mandatory minimum bodily injury coverage requirements, injured car accident victims will be shortchanged.

That is because Massachusetts law only requires compulsory bodily injury coverage limits of $20,000.  That means if someone injures you in a car accident, and they only have this bare minimum amount of insurance, then that is all you will collect from the insurance company.  Even if you have very, very serious injuries, $20,000 is all you will collect, unless the at-fault driver has purchased higher liability amounts.  If the insurance is insufficient then you can look to your car insurance company for underinsured motorist coverage.

The Settlement Process For A Personal Injury Case

Nearly every personal injury claim will settle at some point.  Assuming it is a viable case with both liability as well as damages that can be proven, the case will likely settle.  A claim may also settle without a lawsuit having to be filed.  Or, the case can settle during litigation at anytime before the case is decided by a judge or jury.

Regardless of when a case settles, there is a procedure that must be followed, in order for the settlement to be binding on the parties.  Here is the typical settlement process for a personal injury case.

What Is A Pre-Trial Conference?

Whether your personal injury case has been filed in district court or superior court, your case will likely have a pretrial conference.  This usually occurs after or just before the close of discovery.  Your attorney attends this court appearance on your behalf.

Your attorney and the attorney for the insurance company prior to the pre-trial conference will collaborate on and finalize a pre-trial memorandum.  This document will have the caption of the case, and will detail the facts of the accident, the claims being advanced, the defenses, the injuries sustained, a tally of medical bills, list of witnesses, etc.

Settlement For Slip And Fall Case

Recently our office successfully settled a slip and fall on snow and ice case for our client for $90,000.  Our client arrived to work and parked her car in the parking lot.  Upon exiting her vehicle she proceeded to walk when she suddenly slipped and fell on ice in the parking lot.

She would unfortunately sustain a fractured wrist and was suspected to have developed complex regional pain syndrome (CRPS), a very serious injury.

When A Lawyer Is Not Needed For A Slip And Fall Accident

It is no secret that slip and fall cases can he hard to win in Massachusetts.  This is true even if you have a lawyer and the case is a strong one.  Regardless if the claim is against a property owner, landlord, supermarket, or anyone else, these cases are tough.  It always makes sense to have a lawyer represent you for these types of personal injury cases.  But, there are times when a lawyer is not needed for a slip and fall accident case, because.  Here are some of those situations.

If your slip and fall case is too hard to prove then you would not an attorney.  The reason is because liability must be proven in these cases.  If a lawyer cannot do this for you under with the facts of your accident then a lawyer would not be needed in the first place. But, it would be wise to consult with a slip and fall attorney to see if you do have a case.

When You Don’t Need A Lawyer For A Car Accident

Many people following a car crash are told by family and friends to “Get a lawyer.”  For many car accident claims a lawyer is indeed needed, if not required.  But for many others a lawyer is not needed.  Here are some situations when an attorney is not needed following a car accident.

If the accident purely resulted in damage to your vehicle, and no injuries were sustained, then you will not need a lawyer.  At our law office we find that most property damage claims do not require legal representation.  These disputes between claimants and insurance companies generally work out with much difficulty.

Can You Collect Workers’ Comp For A Car Accident While Commuting?

This week I was contacted by a potential new client that was involved in a motorcycle accident while traveling to work.  This person wanted to know if he could collect Massachusetts workers’ compensation benefits because he could not work due to the very serious head injuries he sustained in the accident.  He had been involved in a single vehicle accident.

He apparently had fainted while operating his motorcycle which led to the crash.  Unfortunately, in this situation he will not be eligible for workers’ compensation benefits in Massachusetts.  The reason is because of the coming and going rule.

When Do You Need An Accident Lawyer?

The aftermath of an accident can be a difficult and confusing time.  Regardless of the type of accident you suffered, you may be wondering “When do you need an accident lawyer?”  The answer really depends on a few different considerations.

The first is whether or not you were actually injured.  Suppose for example you were rear ended by another vehicle.  The driver of that vehicle is likely legally responsible for the accident, but if you were not injured in the accident, then you will not need an accident lawyer.  The reason is that there are no real damages to pursue.

What To Do If You’ve Been Hit By A Car

The thought of getting hit by a car would make anyone grimace.  But these unfortunate accidents are extremely common, especially in Boston given its narrow streets and high number of pedestrians.  Here are some tips to keep in mind in case you ever are (or recently were) struck by a car as a pedestrian.

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