When you pursue an injury case, there are several hurdles to clear. There’s filing the lawsuit, collecting and organizing all of the evidence, preparing for trial, and obtaining a judgment or settlement. However, there are many more tasks beyond just these that go into a successful result in an injury case. A knowledgeable Massachusetts car accident attorney can help you make sure that “all of your bases are covered” when it comes to your case.
Sometimes, your injury case may be affected by a person or entity that wasn’t even involved in the accident. A recent example involved a case from Bristol County. Evelyn was an 85-year-old woman who was crossing a street when a vehicle driven by Annmarie crashed into her. Evelyn had dementia before the accident, but the crash made it worse. Eighteen months after the accident, Evelyn died. Her children sued Annmarie, and the two sides settled for $250,000. Annmarie’s auto insurance company paid the judgment, and the family dismissed the lawsuit in January 2014.
This might sound like the end to a successful outcome, and, in some situations, it might have been. For this family, however, there were additional complications. During her final years, Evelyn had received some $18,000 worth of care that was paid for by MassHealth. Massachusetts gives MassHealth the right to pursue repayment of these expenses from the estate of a deceased person in certain circumstances, while others may possibly be exempt from this estate recovery.