There are many different types of wrinkles one may encounter in an effort to obtain compensation for the harm you suffered in an auto accident. On the surface, your case might seem straightforward: prove that the person you sued was, in fact, at fault, prove that the accident injured you, and prove that those injuries caused you to suffer damages. Seems simple, right? But what happens when the person who hit you has all his assets held by an irrevocable trust? Questions like these are a reminder of the importance of retaining experienced Massachusetts injury counsel, so that you are prepared for whatever twists, turns and surprises your case may throw at you.
Recently, such a “twists and turns” case was the Massachusetts lawsuit brought by S.C. The backstory underlying S.C.’s injury accident dated back several years. In 2001, B.M. was injured in an auto accident. He suffered a severe traumatic brain injury. In 2007, an irrevocable “spendthrift” trust was established for the benefit of B.M. The trust held more than $4.1 million in assets, including $3.5 million in stocks and bonds, a house in Plymouth worth $538,000 and $120,000 of other assets.
Fast forward to 2014, and B.M. and S.C. were involved in a head-on collision. Allegedly, B.M. was traveling 76 mph in a 35 zone, crossed the center line to pass and slammed head-on into S.C.