What should we do if my husband and child were injured in a car accident?

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What should we do if my husband and child were injured in a car accident?

A man who was involved in a fatal accident 8 years ago. At the time of his trial he claimed that MSG affected him. He crossed the center lane, slamming into an on coming car and killed a mother of 2. They ended up settling. I believe he lost his license for 4 years and was on probation. Anyway, this same man slammed into the back of my husband’s car the other day with our 2 year old in the car. He was going between 60-70 mph in what I believe is a 30 mph zone. He sent my family skidding 250 ft slamming into a sign. My husband is suffering from terrible whiplash. Thankfully the baby only received a cut to the mouth. Our car is totaled. The police suspended the guy’s license at the scene. How do we get his license taken away and do we have a case to sue?

Asked on January 15, 2015 under Personal Injury, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) You don't take his license away--the state does that. You have no role to play in his license suspension or revocation, other than to cooperate with the authorities (e.g. if they need evidence or testimony).

2) From what you write, you would seem to have a viable lawsuit: if the other driver was going at 30 mph or more over the speed limits, he was driving carelessly, or negligentl, and would be at fault. Being at fault, he would be liable for your losses and injuries. You could potentially recover: a) any cost to repair your car (or its blue book/fair market value, if totaled, as you inidcate it is) to the extend you are not already paid for that by your own insurance; b) any out-of-pocket medical costs; c) possibly pain and suffering, if your husband experiences weeks, months, or longer of some disability or impairment of life; d) lost wages, if your husband misses work, and reduced earning potential, if he can't earn/work as much in the future; and e) possibly some other amounts as well. It woud be well worth your while to consult in detail about the case with a personal injury attorney.


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