Cape Cod Injury Lawyer BlogOne of the most important facets of the American legal system is the right to a trial by jury. The idea is that a jury of one’s peers will be more likely to render a fair and impartial verdict than might a seasoned judge, who might be predispositioned to lean one way or another. Unfortunately, […]
Articles Posted in Car Accident
Massachusetts Law Requires Arbitration of UM/UIM Claims Unless Parties Agree to Settlement
When an automobile accident results in injuries, the plaintiff’s medical expenses and lost wages can easily reach tens of thousands – or even hundreds of thousands – of dollars. Even if the at-fault party has liability insurance, there may not be enough coverage to fully compensate the injured party. This is why uninsured/underinsured motorist insurance is […]
Massachusetts Court Considers Unfair Settlement Practices Following Accident Between Motorist and Tow Truck Operator
Should an insurance company be required to settle a lawsuit against its insured if liability is clear? If so, how long should the settlement process take? Which party should make the first move? What about situations in which the insurance company and the injured person have very different ideas about the value of the claim? The […]
Massachusetts Appeals Court Agrees that Insurance Company Was Entitled to Summary Judgment in Unfair Claim Settlement Practices Case
No one wants to be involved in an automobile accident in which the responsible party has no liability insurance. Well, no one wants to be in an automobile accident at all, right? But, if an accident does happen, wouldn’t it be easier to secure a fair settlement if the responsible driver had multiple policies of liability […]
Recent Massachusetts Case Addresses Element of Sales Tax in Property Damage Portion of Motor Vehicle Accident Liability Claim
Many times, the plaintiff in a personal injury lawsuit arising from a motor vehicle collision also has a claim for property damage to his or her automobile. In most cases, the property damage portion of the case is settled separately from the issues arising in the personal injury claim. Depending upon the situation, the plaintiff’s […]
Massachusetts Court Rules That Transportation Authority Was Entitled to Summary Judgment Due to Lack of Proper Notice
Most people are aware that there are deadlines for the filing of a lawsuit in a personal injury case. However, simply filing suit within the statute of limitations does not guarantee that a case will be considered in compliance with all rules pertaining to timeliness. There may also be a statute of repose or – particularly […]
Massachusetts Court Affirms Verdict Against Drunk Driver, Despite Passenger’s Arguments that Second Motorist Was Also Liable – Cass v. Collins
During a jury trial, the judge is required to make a variety of rulings – beginning with the procedure for the selection of the jury and ending with a review of whether the jury’s verdict was supported by the evidence. A party aggrieved by a decision of the trial court judge may file an appeal and […]
Massachusetts Court Rules Against Son Who Claimed to be an Insured Under UIM Policy of Mother Who Lived in Separate Apartment Unit – Progressive Direct Insurance Company v. Wilson
When a driver fails to act in a reasonably prudent manner, and someone else is hurt, the negligent driver can be held liable for the injured person’s medical expenses, lost wages, and pain and suffering. Unfortunately, not every at-fault driver has high enough limits on his or her automobile liability policy to pay fair compensation […]
Massachusetts Court Refuses to Disturb ALJ’s Denial of Workers’ Compensation Benefits Without Supporting Medical Evidence on Appeal – William J. Jackson’s Case
Those who are injured on the job have a legal right to seek workers’ compensation benefits to cover medical expenses and at least partially offset lost wages. If a particular work injury results in a permanent disability, a worker may also file a claim for incapacity benefits. Of course, the benefits are not automatic, and […]
Thousands of Vehicles Still Being Recalled by NHTSA for a Multitude of Defects
As you may remember, 2015 was rife with vehicle recalls. According to news reports, there were in the neighborhood of 900 recalls in all, affecting tens of millions of vehicles. Issues such as sudden acceleration, faulty ignition switches, and Volkswagen’s infamous cheating on certain emissions tests made headlines throughout the year. Although there have been fewer recalls […]