Legal Question in Personal Injury in Massachusetts

To answer this question accurately we would need to know a lot more about how the accident occurred, what type and amount of insurance is available, and how bad the brakes were on the other vehicle.

To begin, the plaintiff attorney is acting in his client's best interest by filing a law suit and dragging as many people in as possible. Once the insurance companies have all offered their limits, he may drop the lawsuit. If the plaintiff has refused the insurance companies offers it is probably because they have not offered their limits yet. The attorney may choose not to drop the suit if the injuries are VERY severe and you and your husband have real estate or money to go after. If you own your home and the insurance is not going to be enough, you may want to contact an attorney to help protect your house.

As far as the brakes and the woman's admission of their condition... An expert would need to examine the vehicle and determine what condition the brakes were in. Her daughter's statement that the brakes were bad is probably not enough, without more proof, to establish negligence. It is more likely that you can use this information about the brakes as a defense, as opposed to a counter-suit.

This is really not a good forum to talk about such a complicated issue. I would be happy to talk to you on the phone and answer your questions. You should also be able to talk to the attorneys hired by your insurance company to defend the case. Best of luck.