Legal Question in Personal Injury in Massachusetts

Re: Car accident death

My condolences on your tragic loss.

You should not be negotiating directly with the insurance company, but rather, should retain an attorney, whose fees would be contingent upon the amount of recovery.

Again, please accept my deepest condolences.

Re: Car accident death

Trust me when I say that insurance companies make their money by stonewalling. It is how they stay in business. Why would the insurance company take you seriously if they know you don't have an attorney and know you will therefore not be able to effectively sue? You likely have cooperated with them at this point, and played into their hand, and you have given them reasons to limit their liability and exposure. Call a local attorney close to you and at least get a consultation.

Chris Earley

Re: Car accident death

First let me say how sorry I am for the loss of your daughter.

I cannot stress enough the importance of hiring an attorney. You will get a much better result if you have an attorney and you are at all time fully prepared to go to trial (even if it is your intention to settle prior to trial).

Without an attorney, there is a chance that you will miss an important deadline or make some other minor miss-step, which the insurance company will take full advantage of.

There is no such thing as a fair settlement value. They will give you as little as possible to make you go away. You must demand as much as you reasonably can based on all of the facts.

Again, it is my experience that without filing suit, no insurance company will take you seriously. Please do not hesitate to contact my office if you would like to meet and discuss your case.

Re: Car accident death

Dear Dad-

I also extend my deepest regrets for your loss. I have two daughters (ages 18 & 21)and live in constant fear of receiving a late night phone call. I would urge you to try and push your local prosecutor to press charges against this young man as I believe speeding in an icy road condition may amount to criminal negligence. I am not licensed in your state but would, at bare minimums, try this route and can feel your desire for punishment due to your loss. "Nothing ventured nothing gained"

I also echo the two prior comments that you should get counsel. There may be other sources of income available such as under-insured motorist, a company policy or even a secondary umbrella and, usually, the force of subpoena is necessary to flush this information out. However, I believe your case is a policy limits case if all there is available are the amounts you stated. In this light, I would require that the counsel you hire reduce their fee since this is such a great tragedy and the potentiality of receiving the policy limits is so great. Of course, should the insurers actually want to "tee it up" and go to trial, then the reduction in attorneys' fees could be lifted. You can negotiate an attorneys' fee contract and do not let any lawyer tell you that it cannot be done.

Additionally, in some states there are Board Certifications and,if Mass. has such a certification through the Bar association, I would only hire a Board Certified Personal Injury Trial Lawyer.

Finally, do not overlook the potentiality of a product design defect. I have no idea of the specifics in the mechanics of the accident other than what you indicated but preservation of evidence is paramount to be able to detect a defect that may have contributed to your daughter's death.

Once again, I sincerely send my deepest regrets to you and your family due to your loss.

Sincerely,

Steve Gordon

Re: Car accident death

I am also sorry to hear about your horrible loss.

I am currently handling a case like yours for another family. These cases are complicated and they are difficult to put a value on. However, the other lawyers that responded to your request are right on the mark. You need legal counsel and the sooner the better. Unless you are an injury lawyer or work in the insurance industry, it will be impossible for you to value this type of case on your own. In addition, a lawyer is not going to have enough information in a short e-mail to accurately assess your loss.

My practice is in Springfield. Please feel free to call me or e-mail me through my website www.ditusalaw.com.

I would be happy to talk to you without any commitment on your part.

Robert A. DiTusa

Law Office of Robert A. DiTusa

55 State Street

Springfield, MA 01103

55 State

Re: Car accident death

I am so sorry for your loss. I can't even imagine. . . .

I agree with the others, you almost certainly need a lawyer. You don't say how long ago this happened, but if the insurance company hasn't already offered to pay their entire policy limit, then they are already "stonewalling" you. What could they possibly be hoping to find to indicate that you and your family are NOT entitled at least to the amount of the policy limit? (I am getting ready for trial on a wrongful death case right now in which the insurance company is claiming that my client's son, who was a passenger in a car involved in a collison, was "negligent", and therefore responsible for his own death, because his driver had been speeding for at least a mile, and the passenger should have gotten out of the car the last time it stopped at a stop sign! There is almost no limit to what they might come up with to avoid paying out on even the most legitimate and serious claims!)

Also, if you haven't already done so, you will have to start a Probate Court proceeding to have someone appointed as the Administrator of your daughter's estate to actually pursue any claim, even a "friendly" settlement with the driver's insurance company.

Finally, there are some strict time limits for initiating legal proceedings, should they be necessary.

Any lawyer who concentrates his/her practice in personal injury and death cases should be happy to talk to you for free, no strings attached, about your options, and to see whether you and that lawyer are a good "fit" to work together. You should take advantage of that opportunity, then decide how to proceed.

Re: Car accident death

What a terrible loss. You will be getting plenty of solicitation mail from lawyers and plenty of advice. The wrongful death statute is not generous to parents who lose children, since usually children do not support their parents and pay significant portions of their income to their parents when they are emancipated. There are non-monetary losses that are very intangible and difficult to value. You should hire a lawyer since the insurance company has lawyers and you are at a disadvantage, they have the claims knowledge and experience and you do not. It is difficult to place on a value on your loss and tell you "what is fair" without knowing all the facts, some which might take significant time, effort and money to discover and document. There is probably physical evidence that should be secured and preserved, please make sure your ability to prove your case is not being lost. As far as damages, how the next of kin look and present themselves and how the at-fault motorist presents himself are important factors in what a case is worth in a court of law, which drives the settlement value. Take time to grieve, and then consider entrusting your case to a professional. Even with paying a lawyer a cut of the recovery, you will likely receive significantly more than you would on your own. A parent who has lost a child should not be negotiating with an insurance company, you could never not be insulted and it is near-impossible for you to be objective. Feel free to call e-mail or call me if you want further advice. Regards, JBS