Legal Question in Personal Injury in Massachusetts
My son got hit by a car while on a sidewalk and got a broken leg on12/ 08. Nothing was ever paid to us for pain and suffering or all the co-pays and time involved. Can I still sue or take action against this insurance company?
6 Answers from Attorneys
Retain an attorney immediately to review this matter with you as it is fact specific. Good Luck!
Yes, you can still take action to recover for his damages. I would be happy to give to you a free telephone consultation to discuss his rights. I look forward to possibly helping you.
Chris Earley
If your son was on the sidewalk when he was hit, there is absolutley no question about whether your son is entitled to collect damages. The only question is how much. I would be pleased to help you out with this. I handle motor vehichle cases throughout all of MA and NH and am willing to make "house calls".
Stephen R. Fine
stephenrfine.com
1-800-666-6623
In my view, the answer to your question probably depends on whether any insurance claim was previously made and, if so, how and on what terms it was resolved.
Assuming your son still has the ability to bring claims under applicable insurance and/or that there is adequate insurance coverage available to cover the claims, he still likely has time in which to assert them.
However, given the age of the incident, he/you should consult with competent counsel immediately to assess existing rights and bring any claims, if appropriate.
I would be happy to discuss this with him/you for free and without any obligation to either of you.
Good luck.
The Statute of Limitations--that is, the deadline for filing a lawsuit--in a case like this in Massachusetts is 3 years from the date of the accident. Longer if your son was under 18. So yes, there is still plenty of time, assuming your son didn't sign any "Release" in return for getting his medical bills paid for (very unlikely). You or your son should definitely talk to a lawyer who specializes in personal injury cases as soon as possible.
I notice your zip code is in Bradford. My office is in downtown Haverhill, and I would be happy to talk to you and/or your son about this, no obligation.
Can't add much to what is already said but you need to have 2000 in medical bills or a fracture to make a personal injury claim seeking damages from an automobile operator or owner. Good luck. Regards, JBS