Articles Tagged with rear-end collisions

There are many different ways motor vehicle collisions can occur.  However, in the vast majority of cases, these are not truly “accidents,” but rather are due to the fault of at least one driver.  When a car accident is caused by the carelessness or recklessness of one or more individuals, it may be a form of negligence negligence and is therefore the basis of filing a personal injury claim, particularly if there were serious injuries or fatalities.

However, it’s not enough simply to assert fault. One must prove negligence – defendant had a duty, defendant breached duty, breach of duty caused plaintiff’s injuries. This is sometimes a contentious issues in car accident litigation.  In other cases, there is no question as to fault, but there is fierce dispute over damages.  If a car was only scratched and there was no other serious damage to the vehicle, yet the occupant suffered substantial personal injury, the auto insurer is likely to fight the claim, arguing the injuries do not line up with the impact in the crash.

When this happens, the insurance will company will often make what your experienced Boston car accident lawyer calls a nuisance offer.  The insurance does not think they have a real chance of losing a lot of money at court so they do not make a fair offer.  However, while many car accident lawyers just accept anything they can get, you want to make sure you have an aggressive lawyer who will fight for your right to the compensation you deserve, even if that means going to trial. Continue reading