Injury Lawyer Tag Archives — Lowell Personal Injury Lawyer Blog

What Happens in a No-Fault Car Accident?

Published on: February 28, 2022 | by Marcotte Law Firm LLC

It is an unfortunate truth that car accidents are a common occurrence in this country. When more than one vehicle is involved, establishing fault is crucial to an insurance claim, as well as any potential lawsuit. This makes sense; if it is your fault, you or your insurance company should bear the brunt of any incurred expenses by the other party. However, a minority number of states are what is known as “no-fault states,” and Massachusetts is one of them. So what does this mean?

Let’s begin with what it does not mean. Being in a “no-fault” state does not mean you can run a red light, crash into someone’s car, and not be responsible. When a car accident occurs, someone is still “at fault.” Rather, the primary difference between fault and no-fault states involves car insurance requirements. No-Fault states provide certain types of insurance to people in almost ayn type of accident, no matter whose fault it was.

As you are likely aware, Massachusetts requires every registered car to purchase insurance in four (4) parts.

Sovereign Immunity and the Mass Tort Claims Act

Published on: October 11, 2021 | by Marcotte Law Firm LLC

In a previous post discussing Premises Liability, we briefly noted two (2) relevant legal doctrines – Attractive Nuisance and Sovereign Immunity. We recently discussed the Attractive Nuisance doctrine, so today will be focusing on the doctrine of Sovereign Immunity and its codification under the Massachusetts Tort Claims Act.

As discussed in previous posts, if you were injured in a car accident or on the property of another, you likely have a cause of action against those persons. However, what happens when the driver of that other car is a government employee or the property you were injured on is a government building? In Massachusetts, it is much harder to file a lawsuit and win when the other party is the government. As you may have guessed, this is due to the aforementioned principle known as Sovereign Immunity.

Sovereign Immunity is a very old legal premise that basically states that the sovereign, i.e., the government in this country, cannot be sued even if an individual is harmed by the acts, decisions, or inactions of the government. It dates back to English law, where people were unable to sue the king. Even in this brief explanation, you can see that this is an exceptionally broad principle that absolves the government of virtually all tortious acts. However, there are limits to Sovereign Immunity.

How Do I Document an Injury?

Published on: August 2, 2021 | by Marcotte Law Firm LLC

How Do I Document My Car Accident Injuries?

When you’ve been injured in a car accident, your life can be turned upside down. In addition to dealing with the normal hurdles that life brings, you also have to deal with an injury. Now you’re also having to go to doctor’s appointments and therapy visits while also having to deal with the fact that your normal activities now aren’t as easy to do.

How an injury affects your life on a day to day basis is what is generally known as pain and suffering. While many rightly assume that it’s their Personal Injury Lawyer’s job to prove your pain and suffering, it’s actually a joint venture. Like a basketball player without shoes, a personal injury attorney can only do so much to prove injuries if he or she doesn’t have a client who properly documents those injuries.