A catastrophic injury can change everything in a matter of seconds. One crash on I-93, a fall at a construction site in Woburn, a truck collision on Route 128, or a defective product used at work can leave someone facing brain trauma, spinal cord damage, amputation, permanent disability, or the loss of a loved one.
Then comes the next shock: the insurance policy may not be enough.
Many people assume that if another person or company caused the injury, insurance will cover the full cost. Unfortunately, that is not always true. Catastrophic injuries often create medical bills, lost income, future care needs, home modifications, and pain and suffering damages that far exceed available insurance limits.
At Faneuf Law Group, we represent individuals and families facing life-altering injuries caused by negligence, recklessness, and misconduct. Our role is to look beyond the obvious answer, build a complete claim, and pursue every responsible source of recovery with integrity and personal care from day one.
Why Insurance May Fall Short After a Catastrophic Injury
Insurance policies have limits. Once those limits are reached, the insurance company generally will not voluntarily pay more under that policy.
In Massachusetts auto cases, for example, the required minimum bodily injury coverage is limited. Current Massachusetts consumer auto insurance materials list bodily injury to others coverage at $25,000 per person and $50,000 per accident, with uninsured motorist coverage also listed at $25,000 per person and $50,000 per accident.
That may sound like a lot until you compare it to the real cost of a catastrophic injury.
A person with a traumatic brain injury may need emergency care, ICU treatment, neurologists, cognitive therapy, occupational therapy, and years of support. A spinal cord injury may require surgery, rehabilitation, mobility equipment, accessible housing changes, and long-term personal care. An amputation may involve prosthetics, revision surgeries, vocational retraining, and lifelong physical and emotional consequences.
In cases like these, a $25,000, $50,000, or even $100,000 policy may be nowhere near enough.
The First Step: Identify Every Available Insurance Policy
When the at-fault party’s insurance is too low, the first question should not be, “Is that all there is?”
The better question is, “What other coverage may apply?”
Depending on the facts, a Massachusetts catastrophic injury claim may involve several layers of insurance, including:
Commercial auto insurance, if the crash involved a delivery van, company truck, rideshare driver, contractor, or employee driving for work.
Umbrella or excess insurance, which may provide coverage above the primary policy.
Homeowners or business liability insurance, if the injury happened on someone’s property.
Uninsured or underinsured motorist coverage, if the at-fault driver had no insurance or not enough insurance.
Employer-related coverage or third-party liability coverage, if the injury happened during work but was caused by someone other than the employer.
Product liability insurance, if defective machinery, auto parts, tools, or consumer products contributed to the injury.
This investigation matters. The policy shown at the beginning of a case is not always the only policy available.
Example: A Serious Crash on Route 128
Consider a Woburn-area driver who suffers a spinal cord injury after being hit by a distracted driver on Route 128. The at-fault driver carries only minimum bodily injury coverage. The injured person’s medical bills alone exceed the policy limit within days.
That does not necessarily end the case.
A lawyer may investigate whether the driver was working at the time, whether the vehicle was owned by a business, whether a separate umbrella policy exists, whether another driver or road hazard contributed to the crash, and whether the injured person has underinsured motorist coverage through their own auto policy.
In a catastrophic injury case, careful investigation can make the difference between a limited insurance recovery and a more complete claim.
Can You Sue the At-Fault Person Personally?
Sometimes, yes. If insurance is not enough, an injured person may have the right to pursue the responsible party personally.
That said, a lawsuit against an individual is only useful if there are collectible assets or another source of payment. Many people do not have enough personal assets to satisfy a large judgment. That is why it is so important to investigate insurance coverage, business relationships, property ownership, employer liability, and other responsible parties early in the case.
The goal is not just to prove fault. The goal is to build a practical path toward recovery.
Look for Other Responsible Parties
Catastrophic injury cases often involve more than one cause. A crash, fall, workplace incident, or medical event may look simple at first, but deeper investigation can reveal additional responsibility.
For example:
A truck crash may involve the driver, trucking company, maintenance contractor, cargo loader, or parts manufacturer.
A construction accident may involve a subcontractor, equipment company, property owner, or general contractor.
A serious fall may involve a landlord, property management company, snow removal contractor, or maintenance vendor.
A defective product injury may involve the manufacturer, distributor, seller, or repair company.
Massachusetts follows a comparative negligence rule. In general, a person’s own negligence does not bar recovery as long as it was not greater than the total negligence of the parties being sued, though damages may be reduced in proportion to the injured person’s share of fault.
This can become important when multiple parties argue over who caused the injury. A strong legal team works to preserve evidence, identify all responsible parties, and push back when insurers try to shift blame unfairly onto the injured person.
What About Workplace Injuries?
Some catastrophic injuries happen on the job. In Massachusetts, workers’ compensation may provide certain benefits, but it usually does not cover the full scope of damages available in a personal injury claim, such as pain and suffering.
When someone other than the employer caused the injury, there may also be a third-party claim. Massachusetts law allows an injured employee to receive workers’ compensation benefits while also pursuing liability against a responsible third party in certain situations.
For example, a construction worker injured by defective equipment may have a workers’ compensation claim and a separate claim against the equipment manufacturer. A delivery driver hit by another motorist while working may have a workers’ compensation claim and a claim against the negligent driver.
These cases can be complicated because workers’ compensation liens and settlement approvals may need to be handled carefully. The way a settlement is structured can affect how much the injured person actually receives.
Why Future Damages Must Be Taken Seriously
One of the biggest mistakes in a catastrophic injury case is focusing only on current bills.
A serious injury claim should also consider future losses, including:
Future surgeries and medical care.
Physical therapy, occupational therapy, and cognitive rehabilitation.
Prosthetics, wheelchairs, lifts, and assistive technology.
Home modifications, such as ramps, accessible bathrooms, or widened doorways.
Lost earning capacity if the injured person cannot return to the same work.
In-home care or long-term facility care.
Pain, suffering, emotional distress, and loss of enjoyment of life.
Impact on the family, especially when a spouse, parent, or child becomes a caregiver.
These damages require evidence. Medical experts, life care planners, economists, vocational experts, and treating doctors may all play a role in showing what the injury will truly cost over a lifetime.
Do Not Accept a Quick Policy Limits Offer Without Legal Review
After a devastating injury, an insurance company may offer the available policy limit quickly. That may seem helpful, especially when bills are piling up.
But accepting a policy limits settlement without understanding the full picture can be risky. A release may give up the right to pursue additional compensation from that party or related sources. It may also affect claims involving underinsured motorist coverage, workers’ compensation liens, medical liens, or other defendants.
Before signing anything, it is important to know:
Whether all policies have been identified.
Whether other parties may share responsibility.
Whether your own insurance provides additional coverage.
Whether liens must be negotiated.
Whether the settlement protects your long-term needs.
A fast settlement is not always a fair settlement.
How Faneuf Law Group Helps When Insurance Is Not Enough
At Faneuf Law Group, we understand that catastrophic injuries are not ordinary personal injury claims. These cases are often complex, lengthy, and expensive to prove. They require careful preparation, honest communication, and a full understanding of what the injury has taken from the person and family.
Our Woburn personal injury law firm handles serious cases involving traumatic brain injuries, spinal cord damage, amputations, wrongful death, truck accidents, car crashes, defective products, workplace-related third-party claims, and insurance disputes.
When insurance coverage appears too low, we look closely at every possible path forward. That may include investigating additional defendants, locating umbrella or excess policies, pursuing underinsured motorist benefits, working with experts to prove lifetime damages, negotiating liens, and preparing the case for litigation when necessary.
Most importantly, we treat clients with personal care from day one. Families facing catastrophic injuries need clear answers, steady guidance, and a legal team that will not take shortcuts.
No Fee Unless We Are Successful in Resolving Your Case
A catastrophic injury can leave a family worried about medical care, income, transportation, housing, and the future. Legal fees should not be another barrier.
Faneuf Law Group handles personal injury cases with no fee unless we are successful in resolving your case.
If you or a loved one suffered a catastrophic injury in Massachusetts and the insurance policy may not be enough, contact Faneuf Law Group in Woburn for a free consultation. We can review the facts, explain your options, and help you understand what sources of compensation may be available.