A person who has been injured in an accident on a commercial or residential property may find the insurance company to be uncooperative. Without the possibility of a reasonable settlement, the injured individual may have to face filing a lawsuit with the assistance of an Injury Attorney in Melrose MA. Usually, a settlement is negotiated before the case actually goes to trial, but the lawyer must be ready to prepare for court.
In civil litigation, the injured man or woman is the plaintiff and must prove the case against the defendant who, in this situation, is the owner of the property or the insurer. Defense lawyers use a variety of strategies to undermine the plaintiff’s case. The plaintiff’s attorney must effectively provide enough evidence to convince a judge and jury the client deserves a certain amount of financial compensation.
Automotive Insurance in a No-Fault State
In a situation involving an automotive insurance company, the company is only required to pay the maximum of the policy. Massachusetts is a no-fault state, so even if another driver caused the accident, the injured person’s own car insurance pays for property damage, medical bills, and lost wages. This is problematic, however, because the maximum amount of personal injury protection coverage in these policies is relatively low.
Suing the At-Fault Driver
If the injured man or woman believes more compensation is deserved, an Injury Attorney in Melrose MA may be willing to file a lawsuit against the driver. The first consideration is whether the medical expenses and other damages are higher than the maximum of the policy, which is often the case. The second consideration is whether the at-fault driver has enough assets to make a lawsuit worthwhile. There is no point in suing the individual otherwise.
Lawyers for the Plaintiff and for the Defense
No matter what kind of personal injury lawsuit has been filed, the defense lawyer commonly counters with the allegation that the plaintiff was negligent or partially at fault. In contrast, an injury attorney with an organization such as the Law Offices of Burton J. Hass works to convince a judge and jury that the plaintiff deserves the compensation requested. You can also visit them on Facebook.
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