Elements of a Case - Marcotte Law Firm

What Happens in a No-Fault Car Accident?

Marcotte Law Firm LLC — Mon, 28 Feb 2022 19:18:18 GMT

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.

Bodily Injury to Others: Provides limited coverage for you when other people are injured in an accident. This is very limited coverage and does not cover many types of accidents and injuries. Coverage is also limited to $20,000 per person and $40,000 per accident. You cannot purchase higher limits.
Bodily Injury Caused by an Uninsured Car: Provides coverage if you’re injured by a car that does not have insurance. This can also cover hit & run accidents.
Property Damage: Pays up to $5,000.00 of coverage for any damage you cause to someone else’s car or property. You are allowed to purchase higher limits.
Personal Injury Protection: Pays up to $8,000 for the medical expenses or lost wages of anyone injured while in your car. It will also pay for any pedestiran or bicyclist struck by your car, as well as for injuries you receive when involved in a car that does not have PIP Coverage.

There are additional supplemental coverages that are not required, but are recommended. Please refer to our prior post for a more in depth discussion. However, one optional coverage that is pertinent is for Med Pay coverage. This is similar to Personal Injury Protection coverage in that it will pay for certain medical expenses, regardless of whose fault a car accident is. Where the “no-fault” differs from the “fault” is in Personal Injury Protection insurance (item #4 above and hereinafter, “PIP”), and Med Pay coverage. No-fault states require you to purchase PIP in addition to basic liability insurance. PIP typically pays for your medical expenses and lost wages regardless of who caused the accident. This is where the “no-fault” term comes in. Even if you are at fault for the accident, PIP will cover the expenses. The goal of no-fault insurance is twofold: 1) save time and money and 2) to reduce the likelihood of a lawsuit. Insurance companies will drag their feet and paying claims and lawsuits can take time to resolve. In no-fault states, PIP pays out right away, regardless of fault. As you may have guessed, if people get paid for their expenses right away, the need for a lawsuit may be reduced. However, this does not preclude you from filing a lawsuit if the circumstances warrant it. In order to succeed in a lawsuit, you need to establish the other driver was negligent. You will also need to have at least $2,000.00 in medical bills to pursue a claim for pain and suffering. Further, as our ardent readers are aware, Massachusetts is a comparative negligence state, which means your fault in the collision will be weighed and may offset any potential payout. As always, it is a good idea to speak with an experienced attorney who can help you develop your claim and advice you on the best coursing moving forward.

If you or a loved one has been injued in a car accident and has questions about the various types of No Fault Insurance that are available, call the experienced car accident lawyers at Marcotte Law Firm for a free, no obligation consultation.

Snow & Ice – Landowner Responsibilities

Marcotte Law Firm LLC — Mon, 08 Feb 2021 20:51:49 GMT

Winter in New England, a right of passage we all endure every year. No one can claim to be a real New Englander without going through a handful of winters full of blizzards, wind, and freezing temperatures. Cleaning off your car, shoveling the sidewalks and stairs, and salting or sanding the ice are all tenets of our yearly winter ritual. While many of us are used to the cold, snow, and ice, it is important to know what happens when those conditions result in an injury. In the first part of a two-part series, we will discuss what duty you owe as a property owner to others entering your property and what happens in the event someone is injured as a result of a fall on snow or ice. Under Massachusetts law, all property owners (commercial and residential) and landlords are legally responsible for snow and ice removal from their property. While each town and city has its own specific codes (and we encourage you to take a look at your city or town’s requirements), it is important to know the state law establishing this minimum. This means that any publicly-accessible areas, e.g., sidewalks or walkways, driveways, parking lots, etc., must be free of snow and “de-iced.” This is a relatively new law, coming into effect on the heels of a 2010 Massachusetts Supreme Judicial Court (“SJC”) ruling that overturned 125 years of precedent of unnatural vs. natural snow accumulation. The arcane distinction aside, the takeaway is that the SJC prioritized safety of guests and visitors. (That case was Papadopoulos v. Target Corp, which dragged snow and ice law into the 21st century. It got rid of the rule that a “natural accumulation” of snow means that a property owner wasn’t responsible for someone’s injury.). Oftentimes, property owners, usually commercial or landlords, elect to hire a 3rd party to perform the snow and ice removal. In these instances, if you are the property owner, it is important to know two (2) things. First, simply hiring a 3rd party to remove snow and ice does not necessarily absolve you of any liability. Said another way, if someone slips on ice and injures themselves, both you, the property owner, and the 3rd party may be liable for that injury. This brings us to our second thing to know. When hiring a 3rd party, it is important to have a contract that lays out the responsibilities of both parties. For example, many of these contracts call for snow plowing, salting, and sanding, only if 2 inches or more of snow are expected. However, even a coating of snow can develop into treacherous conditions. As a property owner, that’s still your responsibility.

At the same time, many of these contracts have clauses that state who will not only pay for injuries that occur, but also for the cost of the defense. Called a “tender,” we often send letters to property owners only for it to be forwarded to an insurance company for the landscaping company responsible for plowing and sanding.

Another significant SJC case was handed down in 2020 regarding what is known as the “Warranty of Habitability.” (You can read the full description of this case in a prior blog post here). In summary, the SJC found that an ice or snow-induced slip and fall injury did not invoke the warranty of habitability, but rather that of negligence. This is significant because under negligence, the injured person may bear some of the fault, thereby reducing damages owed. If someone is injured due to slipping on snow or ice on your property, they have to provide you with notice of their injury within thirty (30) days. If they fail to provide you with this notice, they will be unable to file a claim against you if you are prejudiced, which is a high hurdle to jump over. If you’ve fallen on snow or ice, it’s important to seek out an experienced lawyer as soon as possible.

The Anatomy of a Lawsuit

Marcotte Law Firm LLC — Mon, 30 Nov 2020 12:36:52 GMT

The main goal of personal injury lawsuit is to make people whole after an injury caused someone’s negligence. This compensation is usually broken down into three parts: medical expenses, lost earning capacity (lost wages), and pain & suffering. However, many people don’t realize that there’s a lot more to proving a case in front of a jury. If you suffered harm due to the action, or failure to act, by another person, group of persons, or business, you may have a personal injury lawsuit. In law books, the technical term is commonly known as a “cause of action.” A cause of action is a set of facts under which one person sues another person, business, or organization. A cause of action can arise in a variety of ways. First, it can occur due to either an act or even a failure to act. This means that some cases happen because someone didn’t do what they were supposed to do. Others arise because someone did something improperly. A cause of action can also arise on account of a breach of duty, or a violation of the law. This means that there is a law or other regulation that requires someone to act a certain way, and then that person or entity doesn’t meet those requirements. Obviously, the circumstances of the facts of your case will have an impact on your cause of action. These facts supporting your cause of action support your “claim,” where you detail what the Defendant did wrong, and the injuries you suffered. For example, compensation might include coverage of your medical bills and future medical care, lost wages and potential future lost wages due to your injury. If your case ends up going to trial or arbitration, you’ll have to prove basic elements: (1) duty of care; (2) breach of duty; (e) causation; and (4) damage or injury. This is true whether the trial is in front of a jury or simply the judge. To help illustrate these elements, let’s use the example of a slip and fall injury at a supermarket. Duty of Care This refers to the responsibility one person or business has for the safety of another person. This duty can be created by law or may also fall under a reasonable care standard. In the supermarket example, the owners have a duty to offer a safe place – free of hazards – to buy your groceries. If the store owner invites customers into its facility in the hopes of selling products, it is responsible for making sure that there are no dangerous conditions that could injure customers. Everyone agrees that it is reasonable to expect you’ll be safe and free of hazards while buying groceries. Breach of Duty After establishing a duty existed, you must show that there was a “breach” of that duty. In other words, the supermarket owners did not uphold their responsibility to keep their store free of hazards. As with duty, sometimes breach of duty is defined by law. In other cases, it is common sense and reasonable care, such as making sure there is no standing water or dangerous slick surfaces in a supermarket. Causation You must be able to show that the breach of duty was the cause of your injuries. You need to prove that whatever happened to is the cause of your condition. Going back to the supermarket, this means that you must be able to link the supermarket owners’ unsafe and slick floors as the reason you slipped, fell, and hurt your back or broke your arm. Damage or Injury This is when you get to your injuries. This is typically established by your medical treatment following the accident. The injury can be either physical (broken bones, etc.) or psychological trauma like PTSD. It’s very common for some people to have both physical and psychological injuries. If your lawyer successfully proves a cause of action, the other side is considered liable for monetary compensation for things such as medical bills, car repairs, lost wages, and pain and suffering caused by your injury. In order to receive full compensation for your injuries, you should seek the help of an experienced personal injury lawyer.