Legal Question in Personal Injury in Massachusetts
In December, 2010,
I was a passenger and my brother-in-law the driver when he ran a STOP
SIGN causing us to collide very violently with an oncoming vehicle. My
legs and feet were damaged and I thought, and hoped, they would heal
but the more time goes by, they feel worse and worse. I cannot stand for
long periods of time (if I do, I get very weak and have to sit down) and I cannot sit down for long periods of time (if I do, my legs and feet stiffen up like blocks of wood and I have to get up and move). This has affected any worklife I might be able to have because most jobs require that you do one or the other (sit or stand/move). At the court hearing, witnesses testified that my brother-in-law did look and did see the STOP SIGN but went sailing through it anyway. He has a history of doing this and was, in fact, stopped by police recently for doing it again. Do I have a case against my brother-in-law for litigation? He
seems totally unconcerned that he did this to me...
4 Answers from Attorneys
You should hire a lawyer to represent you. As the passenger in the car you are not responsible for the injuries. The driver of the car, your brother-in-law is at least partially responsible. The other car may also be responsible. In any event, you are entitled to seek damages from your brother-in-law. Initially, the damages will be paid by his insurance company. If your damages exceed his insurance limits, you may then be able to try to collect money from him.
It would seem you might have a case against your brother in law. Let's say for instance you do. Are asking as an academic matter or are you going to do something about it other than complain? If you are going to do something about it, are you knowledgeable about litigation such that you can handle this yourself? Probably not if you are trolling the internet for advice. So what do you do. You hire an attorney, or at least consult with one in person who can ask you the appropriate questions to determine if you have a claim upon which recovery could be obtained. Best luck. Regards, JBS
You definitely have a strong case against your brother and law. I would be please to meet with you at your home to discuss the case.
Attorney Stephen R. Fine
1-800-666-6623
stephenrfine.com
I would like to hear more about the case. In order to have a claim for pain and suffering in Massachusetts, you will need to have at least $2,000 in medical bills. You may well have a claim against your brother-in-law, and, if he has insufficient insurance, it is possible you could have a claim for damages pursuant to the under-insured motorist provisions of your own auto policy, if you have one. I have a sattelite office in Chelmsford if you would like to meet there.
617-566-3670
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