When a vehicle collision occurs, it may be due to the negligence of a driver. Negligence forms the legal theory of many personal injury claims, and victims can recover damages they have endured for serious injuries after proving the legal fault of the other driver. To demonstrate negligence, the plaintiff victim would show that the defendant driver owed them...
Personal InjuryCar Accidents Cause High Number of Child Deaths; Massachusetts Comparative Negligence Law May Reduce Recovery When Seatbelts Not Used
June 13, 20170
A recent report issued by the New York Times indicates that for children under the age of 15, the most common cause of death is unintentional injuries resulting from car accidents. In the majority of fatal crashes, children were not wearing safety belts. The National Highway Traffic Safety Administration provided statistics that supported the research and indicated that from...
Injury SettlementPersonal InjuryMassachusetts Court of Appeals Finds Insurance Company Had Not Engaged in Unfair Settlement Practices Following Rear-End Collision
May 17, 20170
Recently, the Massachusetts Court of Appeals analyzed whether an automobile insurance company had engaged in unfair practices regarding a car accident victim’s claim for damages. The plaintiff in this case had been awarded a substantial jury verdict of $818,000 for his personal injury claim against the driver who rear-ended his vehicle. The insurer had offered to settle for...
Personal InjuryMassachusetts Statute Helps Plaintiffs Prove Fault Through Car Registration But Does Not Change Requirement of Proving Elements of Claim Following Car Crash
May 3, 20170
According to Massachusetts law, in an injury claim following a car accident, evidence that the car involved in the collision was registered to the defendant is prima facie evidence it was being operated and controlled by someone for whom the defendant was legally responsible. At issue in an appeal before a Massachusetts appellate court was how much weight to afford...
Injury SettlementPersonal InjuryMassachusetts Court Finds Insurance Company Did Not Engage in Unfair Claim Settlement Practices After Motor Vehicle Collision
April 19, 20170
A Massachusetts court recently held that an automobile insurance company had not engaged in unfair claim settlement practices, in violation of state law, when it conditioned a payment of its policy limit on a release of all claims against its insureds. Following a one-vehicle accident in Swampscott, an injured passenger brought negligence claims against the driver and...
Personal InjuryMassachusetts Court Finds in Favor of Plaintiff; Automobile Insurance Company May Have Negligently Failed to Safeguard His Personal Information Regarding Insurance Claim Following Accident
April 12, 20170
In an appeal involving an employer’s duty to safeguard confidential information, the Massachusetts Court of Appeal held that a lower court’s grant of summary judgment in favor of an automobile insurance company should be vacated. The lower court had found that the plaintiff had not met his duty of showing the company’s negligence in safeguarding his confidential...
Personal InjuryMassachusetts Court Upholds Motion for New Trial Based on Excessive Damages Awarded to Victim of Car Accident When Judge Found Medical Evidence Failed to Support Alleged Harm
March 28, 20170
In a personal injury lawsuit following a car accident, the issue of liability, or legal fault, was conceded. This means that the defendants admitted they were at fault, and the issue before the jury was the amount of damages to award the injured victim. The procedural issues in this case reflect the importance of medical records and...
Injury SettlementPersonal InjuryMassachusetts Court Holds Plaintiff Recovering Property Damage Following Collision Must Prove all Damages
March 22, 20170
Recently, a Massachusetts appeals court affirmed a judgment in favor of an insurance company in a civil action for damages following a motor vehicle accident. Following an accident, automobile insurance companies may pay damages to an injured individual after a determination that their insured was legally at fault for a collision. In this lawsuit, the plaintiff received a...
Injury SettlementPersonal InjuryCalculation of Punitive Damages Against Car Insurer Does Not Include Post-Judgment Interest for Accident Victim and Family, According to Massachusetts Appellate Court
February 16, 20170
An appeal before the Massachusetts Supreme Judicial Court addressed the measure of punitive damages to be awarded to a motor vehicle accident victim and his family. Insurance companies that delay payment, after liability has been demonstrated in a car accident claim, may be assessed additional damages for their conduct. The issue in this case centered on how...
Personal InjuryMassachusetts Appeal Court Affirms Verdict Awarding Pedestrian Damages in Lawsuit Against Driver Who Struck and Injured Her in Cambridge Crosswalk
February 3, 20170
The Massachusetts Court of Appeal upheld a lower court’s judgment in a personal injury lawsuit brought by a pedestrian injured by a truck driver who struck her in the evening, while she was crossing the street in a marked crosswalk. The issue before the trial court had been the relative fault of the two parties, since eyewitness...