Legal Question in Personal Injury in Massachusetts

Re: hit by a drunk driver

You can sue for future damages but you need an expert witness who could testify these damages are not speculative but are reasonably likely to continue, etc. You should be able to receive compensation from the drunk driver, and if he was uninsured or had limited coverage then you should be able to get compensation from your own insurance policy, uninsured or underinsured coverages. You can only collect once for your damages, but if one party does not completely compensate you for the full value of your case you can go after other parties. You can go after the liquor establishment, but you will not receive any compensation unless it can be proved that at the time of the driver's last drink he was obviously intoxicated. This would seem to be the kind of thing that you should hire an attorney. There are other avenues for compensation if someone is disabled and unable to work. Regards, JBS

Re: hit by a drunk driver

If your husband's medical bills totalled more than $2,000 he may sue not only the drunken driver but the establishment that served him the alcohol (under the dramshop law) for all past, present and future consequences of his injury.

You, also, as his wife, have a cause of action against them for loss of consortium.

Neither of you should make any agreements nor sign anything without the advice of an experienced attorney retained by you to represent your interests in this matter.

Re: hit by a drunk driver

The answer is it depends. In Massachusetts to sue for personal injury and pain and suffering involving a car accident, you have had to have suffered at least $2,000.00 worth of medical bills. If you have, then you have a potential case.

With regards to the establishment, you are going to have to prove that the establishment had known or should have known that he was intoxicated. Hard to prove, but feasible.

If you have any further questions, do not hesitate to ask.

Re: hit by a drunk driver

It sounds like you may have legitimate claims, both against the person who hit your husband and, perhaps, also the place or establishment that served him prior to the accident. Its is important - to protect against the unknown loss of important rights - to make no agreements now relating to settling the claim and, certainly, not to sign anything, without first consulting an experienced lawyer. Feel free to contact me directly for a free, no obligation initial office consultation.

Personal Injury Law- Hit by a Drunk Driver- Massachusetts (MA)

Yes, you can seek damages for future pain and suffering as a result of the auto / car accident. You should get a permanency evaluation from a doctor.

In order to file suit in MA you must have $2,000 minimum medical bills. In order to collect against the bar you must prove that they were negligent. In other words that they knew or should have known that he was intoxicated.

I strongly suggest that you consult with a Massachusetts Personal Injury & Automobile Accident Attorney.