Legal Question in Personal Injury in Massachusetts
auto insurance settlement
My mother was killed in an auto accident by someone who fells asleep at the wheel. We received a check for $50,000 from insurance company, once we signed the check does that mean we can not civily sue the person who was the driver that killed her?
2 Answers from Attorneys
Re: auto insurance settlement
I asssume that you signed it; now it depends who was entitled to receive compensation, who was sued; who was released, and what the release stated; whether you signed or not, have a personal injury attorney review this matter.
Re: auto insurance settlement
Yes! Do not sign the check unless you are willing to forever give up your right to sue the other driver.
Even if you sign the check, you still may be able to sue the owner of the car if he or she was negligent in allowing the driver to use the car.
You may also be able to sue the manufacturer if a defect in the car was one of the principal causes of the accident.
Still, the best thing to do is this: Do not sign that check until you are certain it is a fair settlement. A good personal injury lawyer can help you with this decision.
Please accept my condolences for your loss.
--Darius Arbabi
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