What happens if the Insurer is Refusing to Pay Money on a Car Accident Claim in Massachusetts
You filed a claim against the insurance company for your injuries, sent in the medials and receive a denial letter from the insurance company. What do you do now? Insurance companies are not legally obligated to settle claims; there are laws like unfair claims settlement practices act, but generally insurance companies have the discretion to deny claims or evaluate the claims at low dollar amounts.
When that happens, you must have a lawyer prepared to take the case to trial. Insurance companies know that many lawyers are looking for a fast settlement. To take a case to trial, requires time and preparation that many lawyers do not want to put into cases.
At DelSignore Law, we have spent our entire career in trial and in the courtroom. The insurance companies know that and will see that when they have to deal with us through the litigation process.What at some of the things that make for a good trial attorney on a car accident?
- You need to have your damages well documented in the medical records; you can admit medical records through the medical affidavit statute, but in some cases you may want to have the doctor testify in person in court. Having the doctor testify under oath, can make a bigger impact with the jury and fully explain your injuries.
- Expert on lost wages: a major portion of the recovery in a serious accident case is lost wages or lost warning capacity. A series injury has the potential to cause permanent damage to your ability to earn wages. When this occurs, you need to make sure you are compensated for this. An economist and other experts can present this evidence to the jury.
- Mock juries: At DelSignore Law, we will sometime use mock juries to get an idea on how potential jurors will view issues in your case. This can be a valuable source of preparation in your case.
- Insurance companies often deny claims when there is a despite as to liability; in Massachusetts to recover for negligence, which is a fancy way of saying someone else is at fault for the injury, the plaintiff must show that the defendant is more at fault for the injury than the plaintiff. The plaintiff must show that he is less than 50% at fault. In some states, like Rhode Island, the law is pure comparative fault where a plaintiff can recover for any percentage of negligence of the defendant. That means if a plaintiff is 90% at fault; the plaintiff can still recover 10% of their damages; this is not the law in Massachusetts.
Disputes as to liability come up in the following types of cases:
- Intersection Accidents
- Claims of sideswiping by the other driver
- Case involving slip and fall claims
- Cases alleging negligent security.