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From most to least common:

Where a restaurant, bar or other similar establishment that serves alcohol open to the public over serves a customer who then causes injury to another due in whole or in part to their intoxication.

“Navigating the tortuous twists of automobile insurance law poses a challenge at least equal to that faced buy the uninitiated driver on his first foray into the streets of Boston.”  Cardin v. Royal Insurance Company of America, 394 Mass. 450, 476 N.E.2d 200 (1985).

In automobile cases, or any of the other types of personal injury cases such as those listed above, the injured party, also known as a plaintiff, bears the burden of proving by a preponderance of the evidence (or more likely than not) that the at fault party: (a) owed the plaintiff a duty of care; (b) they breached that duty; (c) the plaintiff was injured; and (d) the at fault party’s breach of their duty was the proximate cause of the Plaintiff’s injuries.  In other words, the at fault party was negligent. 

“Negligence, without qualification and in its ordinary sense, is the failure of a responsible person, either by omission or by action, to exercise that degree of care, vigilance and aforethought which, the discharge of the duty then resting upon him, the person of ordinary caution and prudence ought to exercise under the particular circumstances.  It is a want of diligence commensurate with the requirements of the duty at the moment imposed by the law.” Altman v. Aronson, 231 Mass. 588, 591, 121 N.E. 505, 506 (1919). 

The value of a case is determined by many factors including looking at how badly a person was injured, how long their injuries took to heal and whether they made a full recovery.  For example, a person who was permanently and totally disabled from their injuries would have case with a greater value then a person who was temporarily and partially disabled from their injuries.

Typically, most cases settle within 3-6 months after the completion of medical treatment.  Some severe injury cases, where who was at fault for causing the injuries is in dispute, can take a year or more to settle.

Abraham Lincoln reportedly employed the adage: “he who will be his own attorney, shall be sure to have a fool for his client.”

While everyone has the right to represent themselves, both attorneys and people who represent themselves (pro se litigants) are held to the same legal standards and must follow the same court rules.  The court is not allowed to provide any legal assistance.  The at fault party’s insurance company is also contractually obligated under the Massachusetts Standard Automobile Insurance Policy to defend the at fault party so your opponent will have an attorney.

The attorneys at Facchini & Facchini, P.C., have the specialized knowledge and training to handle your case.  Attorney Anthony Facchini has over 29 years’ experience, Attorney Richard Facchini, Jr. has over 32 years of experience; Attorney Robert Rzeszutek has over 20 years’ experience; and Attorney Alexander S. Nee has over 5 years’ experience representing clients with cases just like yours.

A.) I heard that someone at McDonalds spilled hot coffee on themselves and got a million dollars so my case must be worth a million dollars too. 

While I wish this were true, unfortunately it is not.  Every case is unique just like every client and their injuries are unique.  While there are exceptions to every rule, as noted above a case’s value depends largely on how severely a person is injured and how long they are injured for.

B.) Personal injury cases take a long time before I get paid.

Typically, most cases settle within 3-6 months after the completion of medical treatment.  Some severe injury cases, where who was at fault for causing the injuries is in dispute, can take a year or more to settle. 

C.) I should not need an attorney since I was not at fault for the accident.

It would be nice if this were true.  Most often insurance companies take advantage of people without attorneys and do not offer them what they fairly deserve.  Insurance companies save millions of dollars by not paying injured people fair compensation. Even with an attorney, there are a small number of insurance companies what are notorious for failing to offer a fair and reasonable settlement as required by law and as such often must be taken to court to force them to pay what they owe.

D.) I should not need an attorney since I have insurance.

If you were at fault for the accident, your insurance is contractually obligated to defend you against any lawsuit, however if you do not believe you were at fault or at least not completely at fault your insurance company will not assist you in filing a claim against the other driver’s insurance company. You would need an attorney for those efforts. 

E.) I can take as much time as I need to file a claim against the other person’s insurance.

Most personal injury claims have what is called a 3-year Statute of Limitation in Massachusetts.  That means, an injured person has 3 years from the date of their injury to file a lawsuit against the inured party.  However, this has exceptions, and the insurance company can deny your claim if they were not placed on notice of your claim within a reasonable time following your injury and that delay resulted in them being prejudiced.  For example, if evidence was lost or destroyed or a witness can no longer be located the insurance company may use prejudice as a defense to your claim.  Exceptions include (1) a minor would have until their 21st birthday to file a lawsuit; and (2) an uninsured or underinsured claim would have a 6-year statute of limitation.   

F.) Many insurance claims are frivolous resulting in higher insurance rates.

Insurance companies are for profit corporations who promote falsehoods such as this, in addition to donating to the campaigns of politicians, in an effort to save millions of dollars each year by escaping paying good people fair and reasonable compensation for their injuries.

G.) If I wait to settle my case will result in a higher settlement amount.  

Insurance companies use a set formula to calculate how much they are going to pay for every injury.  A widely known formula was a program named Colossus that Allstate Insurance Company began using in the 1990s with most if not all insurance companies following suit and using their own similar type of program.  These programs are used by inputting various variables to pay as little amount of money as possible resulting in the insurance company saving money at the expense of injured people.  They certainly didn’t spend the time and effort to create the program to ensure injured people get more money, that’s for sure.

You want to find a law firm who is willing to fight to get you as much money as possible for your injuries.  A law firm with experience in the field of personal injury and who has a long history of fighting insurance companies in court not only in large cases but also on small cases.  Insurance companies are going to fight to pay as little as possible for your injuries whether you have an attorney or not.  A law firm with a history of filing lawsuits against insurance companies, not just their insured, for their unfair and deceptive tactics in not offering to pay people fair and reasonable compensation for their injuries will on average likely result in a better settlement for your injuries.

If you don’t win it doesn’t cost, you anything.  Upon settlement, the standard attorney fee in Massachusetts is 1/3rd of any settlement plus reimbursement for any costs.  Costs usually consist of fees medical providers charge for attaining copies of medical records for the treatment a person received for their injuries from the accident.  Lawyers are required to get these records on every claim and provide the records to the insurance company.

Most personal injury claims have what is called a 3-year Statute of Limitation in Massachusetts.  That means, an injured person has 3 years from the date of their injury to file a lawsuit against the inured party.  However, this has exceptions, and the insurance company can deny your claim if they were not placed on notice of your claim within a reasonable time following your injury and that delay resulted in them being prejudiced.  For example, if evidence was lost or destroyed or a witness can no longer be located the insurance company may use prejudice as a defense to your claim.  Exceptions include (1) a minor would have until their 21st birthday to file a lawsuit; and (2) an uninsured or underinsured claim would have a 6-year statute of limitation.

In Massachusetts everyone has what is called a Standard Automobile Insurance Policy.  This policy covers getting injured by another person who does not have insurance. The minimum coverage is 20,000/40,000.  So, if the person who injured you does not have insurance, you can file an uninsured (UM) claim against your own insurance and be able to receive up to $20,000 (unless you opted for additional coverage) for your pain and suffering.  Your medical bills and lost wages would be paid by the Personal Injury Protection (PIP), also known as the no fault, portion of your policy up to a maximum of $8,000.  You would not be able to be compensated for property damage unless you have full coverage as property damage is excluded from UM claims.

    1. Lost Wages.  You will be entitled to receive compensation for any time you missed work due to your injuries so long as you have a doctor’s disability note keeping you out of work.
    2. Property damage. If your car was damaged, you would be entitled to have the damage to your motor vehicle repaired up to the value of the vehicle at which time the damage would be capped for a total loss at the market value of the vehicle.
    3. Rental Vehicle or alternative transportation.  You would be entitled to a comparable rental vehicle while your vehicle is being repaired.
    4. Medical Bills.  You are entitled to have your reasonable and necessary medical bill paid for any treatment you received from the accident.
    5. Pain and Suffering.  You would be entitled to compensation for the pain and suffering you suffered in the accident.  This is usually calculated by the severity of the injury and the length of time you are injured.

Yes, so long as you were 50% or less at fault for the accident.  Your total compensation would be reduced by the percentage you were at fault for.  So, for example, if you were entitled to receive $10,000 and were 25% at fault you would be entitled to receive $7,500.  However, more frequently, especially in he said/she said cases, a 50%/50% liability is assessed and to get a greater percentage evidence would need to be presented to challenge this assessment.  

Yes.  How you were personally impacted both physically and emotionally is taken into consideration when determining the value of your claim.

After receiving any needed medical attention, after the accident it is best to contact an attorney as soon as possible.  At the very least you should always call the police from the scene, if possible, to report the accident.  If the police do not come, you are required by law to exchange insurance information as well as exchanging your names, addresses and telephone numbers with the other party.  You should also get the names, addresses and telephone numbers of any witnesses.  It is a good idea to take photographs of any damage to both vehicles.  You will then need to report the accident to your insurance company. 

You will only have to potentially pay taxes only on compensation received for lost wages.  Since pain and suffering are not considered income, it is not taxable.  Whether you will have to pay taxes for compensation for lost wages will depend on your annual income.  When that time comes, an attorney or tax advisor can help you in making that determination.