Massachusetts Auto Accident Blog

Truck Accident Verdict Information

Colleague and fellow personal injury lawyer Ronald Miller has an informative post over at his Maryland Injury Lawyer Blog concerning truck accident verdicts.  Be sure to check out this very interesting blog.  Here is part of the post:

A recent Jury Verdict Research study revealed some interesting settlement and verdict data regarding truck accident cases. The most frequently cited injury in a truck accident cases, which is probably true for auto accident cases in general, is the back strain. Back strains, according to the study, drew a median verdict of $15,000.00. Brain injury cases, which accounted for only six percent of truck accident verdicts, had a median verdict of 1.3 million. Knee injuries accounted for four percent of the cases and had a median verdict of approximately $85,000.00.

The study also broke the verdict down into the type of truck accident collision which occurred and the median verdicts by type. Not surprisingly, the head-on collision had the highest median verdict of $275,000 and the "backing" collision (where a truck backs up into another vehicle) had the lowest of $33,000. The overall verdicts studied had a median verdict of $100,000.

Making an Underinsured Motorist Claim in Massachusetts

If you have been injured in an auto accident in Massachusetts, there is always the possibility of making an underinsured motorist claim.  If the driver who caused your personal injuries does not have enough bodily injury (BI) coverage to cover the cost of your injuries, then you need to look to your auto insurance carrier for underinsured motorist benefits.  But, before making such a claim, you need to be aware of something important: You cannot, per the standard Massachusetts automobile insurance contract, collect underinsured motorist benefits without first receiving permission from your auto insurance carrier prior to settling your claim with the other driver's bodily injury carrier.

And also, you are only entitled to underinsured benefits if your coverage exceeds the bodily injury coverage of the driver who caused your injuries.

Notice Requirements of Personal Injury in Massachusetts

Here are some various notice requirements in Massachusetts that you must be aware of if you have been injured:

Defects in public way causing personal injury or property damage - 30 days;

Snow or ice on a public way or private property causing personal injury or property damage - 30 days;

Ski area operators' negligence causing personal injury to skiers - 90 days;

Federal Tort Claims Act - two years for written presentment;

Massachusetts Tort Claims Act - two years for written presentment;

Hit and run accidents - must notify police and insurer within 24 hours of the accident.

Lawsuits Brought by Minors in Massachusetts

Minors in Massachusetts cannot initiate a lawsuit.  When a minor, for example, has an auto accident claim that requires litigation, the lawsuit is brought by the minor's parents.  The parents, in the context of litigation, are referred to and named in the lawsuit as "next friend."  At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as "next friend" on behalf of the minor.

Mediating an Auto Accident Case

I found this post over at San Francisco Mediation: A Better Solution authored by San Francisco Attorney Paula M. Lawhon that caught my attention because of its informative analysis of mediation in the context of a personal injury case.  It deftly chronicles the mediation process from start to finish.  If you will soon be involved in a mediation, irrespective of the type of case you have, I recommend checking out this post:

Here's an example of a recent personal injury mediation from a serious car accident (with some details changed to protect the privacy and confidentiality of the parties and the mediation):

The parties at the mediation were the injured woman (the plaintiff) and her attorney as well as the insurance carrier and the attorney appointed by the insurance carrier to defend the driver against the plaintiff's claims of serious personal injury from the car accident. The driver was not present because the insurance carrier and its attorney were there to represent his interests and they had the authority needed to make the decisions. (This is why we pay for car insurance.) The plaintiff was seeking almost $1 million in damages.

Introducing the "Massachusetts Slip and Fall Information Blog"

I am pleased to announce the launch of my third blog, the Massachusetts Slip and Fall Information Blog which like this blog, is aimed at informing Massachusetts injury victims of their rights and remedies following an accident.  But this new blog will be more nuanced and will concentrate solely on Massachusetts slip and fall law.  I hope you enjoy this new blog!

Miscellaneous Massachusetts Auto Insurance Information

Here is some miscellaneous information about auto insurance in Massachusetts:

Collision coverage in Massachusetts is optional coverage, but I strongly suggest you buy it.  Although collision coverage can be expensive you need it in case your car is damaged in an accident with another vehicle.  This coverage will pay for the damage to your vehicle.  Although collision coverage can sometimes be expensive (as opposed to liability coverages) you need to have it.

Comprehensive coverage is optional in Massachusetts.  This coverage will protect you if your vehicle burns, is vandalized, stolen, damaged by an animal, or damaged by mother nature.

Property damage coverage in Massachusetts is required with a minimum of $5000.00 in coverage.  This coverage will pay for property that you damage if you cause an auto accident.  I suggest you buy $100,000.00 in property damage protection.

A deductible is the amount of money that you are required to pay.  If you have a $500.00 deductible, you are contractually responsible to pay the first $500.00, and then your carrier pays the rest.  The lower your deductible, the higher your premiums cost.  The higher your deductible, the less expensive are your premiums.

Auto Accident Trials and the PIP Offset

If your case does not settle, a trial become necessary (assuming mediation or arbitration are not utilized).  If you receive a favorable judgment at trial, that is great.  But in Massachusetts, the amount of the verdict is reduced by the amounts of PIP benefits that have been paid on your behalf.  Therefore, the insurance company that insures the party who caused your personal injuries, is entitled to have the amount of the verdict reduced by the amount of PIP benefits paid to you.  That is referred to as the "PIP offset."

Suffolk County Jury Hands Down a $13M Verdict Today

Today a Suffolk County jury awarded a man $13M for serious personal injuries he sustained after being struck by a motor vehicle.  The case name is William T. Dodge v. Arda Tezel.  With interest, the verdict comes to approximately $16M.  The plaintiff was however assessed 1% comparative negligence by the jury.  I will provide more information on this case as it becomes available. 

New "Massachusetts Lawyers Weekly" Publication for Non-Lawyers

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A.  Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers.  It is written in a way which makes the law a little less confusing and easier to understand.  It is a FREE monthly publication you can pick up at most MBTA stations.  The newsletter covers many different legal topics which you may find useful if you have specific legal questions, or, if you are just interested in the law generally.