Legal Question in Personal Injury in Massachusetts

Not enough information to evaluate or second guess attorney's advice. Need to have a lot more information.

I would need to have more information Please feel free to call us @ 617-984-0021 or visit our website www.counselatlaw.com

What you describe is an interesting scenario. It is not clear what your parents mean when they say the case could be "tossed." It is not likely based on the facts you describe that a judge would rule against your mother prior to trial. Of course, in any case that goes to trial, the jury might find for the defendant. The jury would have to consider the evidence of precisely what happened and decide whether or not to credit the defendant's claim that he had a seizure. They might consider how likely it was that he had a seizure when he had never had one before. They would need to consider what time of day the incident occurred, what the defendant said to the police immediately after the accident, and whether the defendant was examined by a physician after the accident and what were the findings of the physician.

Whether to accept a settlement offer in a case such as this might involve many factors such as: the amount of insurance availalbe to compensate the plaintiff's for their injuries, the type of injuries suffered and whether or not they are permanent, whether the defendant was charged with any motor vehicle offenses and the outcome of those charges, etc.