Legal Question in Personal Injury in Massachusetts
Sued for negligence
I was recently served a summons for a negligence case that a delivery
person has charged me with in Oct of 1997. He claims that he broke his
wrist due to tripping on a leash that I had outside for my dog.
The case is now with the attorneys representing my renter's insurance, but
he is asking for much more than my policy covers.
What are the chances that I will have to pay him any money out of
pocket? I am very concerned since I have a very limited income.
Will this have to go to court or will it likely be settled by my insurance
company's lawyers?
I've never experienced anything similar and am very nervous, especially
since this individual is still delivering packages to my house.
Can I contact his employer and request that he not be on my route since
he is suing me? I dread answering the door when I suspect that it is him.
Any help would be appreciated.
Thank you
3 Answers from Attorneys
Re: Sued for negligence
there is a 3 year statute of limitation that can be offset by the discovery rule. You should meet with the insurer's attorney to raise these questions. Do not act otherwise. If your are not contact, contact an attorney experienced with personal injury litigation.
Re: Sued for negligence
I agree with both attorneys who answered your question before me.
There seems to be a statute of limitations issue.
I do not see a discovery rule issue here which would extend the statute of limitations beyond three years,
because there is no hidden or latent defect. talk to the insurance company's lawyers.
Be advised that although they are providing you with a defense
they are looking out for the insurance company's interest not yours, often these interests are the same but at times they conflict.
you may want to seek the advice of an independent attorney.
If you are in the north shore area, and would like additional information feel free to call. ( 978) 465-5158
I also agree that you should not give any statements or talk to any one but your lawyer about the case.
Re: Sued for negligence
I'd trust your lawyers.
I don't see what harm it can do for you to request another delivery person for your address.
Frankly, I'm surprised because I thought the statute of limitations would have kicked in (at 3 years) to make this case die and you say you were "recently" served. Was it before the end of October that you were served? Did you never know of this before you were served?
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