Legal Question in Personal Injury in Massachusetts
Today I received a letter from an attorney regarding an incident occurring last June, in which a friend and I were hugging, we fell, and she fractured her foot. This accident occurred late at night, outside of a bar, and naturally, we were both under the influence of alcohol. She jumped on to me to hug me, I was unable to keep my balance, falling backwards, and unfortunately her foot was under me when I landed. Her attorney indicated that he felt this injury occurred as a result of my negligence. Included with the letter was a sum of medical fees and advised that I (or my lawyer) contact him to avoid a lawsuit. What actions should I take? Am I responsible for the full amount of medical fees? Should I attempt to negotiate a deal or challenge her claim?
3 Answers from Attorneys
I'm sorry to hear that your friend has taken this route.
You have some very clear and pursuasive defenses here, not the least of which is that your friend intentionally engaged in dangerous conduct of her own which led directly to her own injuries.
The answer to whether you should negotiate or challenge her claim depends on the amount of money involved, your relationship with this individual, your own feelings of moral responsibility for her injuries, etc.
You may want to hire an attorney to put a stop to this before suit is filed.
If you have homeowners insurance or a renter's policy with liability coverage, you would probably do well to call your agent and turn the matter over to your insurer for handling. Otherwise, you would probably not want to rely on advice from the internet and it would be best to pay for an hour of a lawyer's time to have a full discussion about the range of possible outcomes and strategies, and for the lawyer to review the paperwork and your factual scenario and demeanor in detail. You might have some liability, and you are certain to be incurring some expense. You may or may not want to settle the claim or to hire a lawyer to contest it depending on various factors, whether you have reachable assets, whether you hire an expensive lawyer, what the expectations of your friend and her attorney are. I hope you get the picture. Good luck. Regards, JBS
Whether to challenge the claim or settle depends upon your appetite for risk. Hearing only your version of the facts, who can give you advice? I agree with my brothers that you should consult with an attorney. I often hear from people who get roped into situations like this, try to defend themselves, and blow it, when the case could be resolved early on. Don't be penny wise and pound foolish - talk to a lawyer
The personal injury attorney could be blowing smoke, or he could really mean it. There's no way to know. I'm happy to have you in for the consult if you don't have anyone. Attorney at Law
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