State laws on the recovery of damages for pain and suffering vary greatly. In lieu of a lawsuit, I recommend mediation (I happen to be a certified mediator--doesn't work with insurance companies) or arbitration (which can be binding or non-binding). However, a lawsuit will likely be the only way you will be able to collect pain and suffering if you are battling an insurance company. A personal injury lawyer in your area can give a free consultation (see the yellow pages) and inform you of your state's laws on damages for pain and suffering, as well as any alternative dispute resolution forums in your area.
Get a lawyer. You can recover damages from his estate but it needs to be filed before the estate clears probate.
Mass is a Modified Comparative state, but I'm not sure if it is 50/50 or 51% rule, I found conflicting info.In states with a modified comparative fault - 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less. If the injured party's fault level reaches 50%, he or she cannot recover any damages. In states with a modified comparative fault - 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%. If the injured party was 50% or less at fault, he or she may still recover damages. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff's fault was responsible for more than half (thus 51%), of the accident, that plaintiff is barred from recovering any damages. It is also Joint and Several liability. Remember that exceptions to the standard negligence systems are present in several states. Some states limit the types of cases these negligence systems apply.
You have 2 years to take him to small claims court to recover your damages.
The victim would be able to file a civil law suit against the driver (and others) and attempt to recover their damages from the accident, such as medical expenses or damages to their property.
In most U.S. states you can be sued for any damages and/or injuries that are not taken care of by your insurance coverage. A few states have laws which only allow the injured party to recover the amount alloted by the insurance coverage when specific circumstances exist.
You are financially responsible for loss experienced by the damaged party. If you are unable to pay for the damages you may loose driving privileges and/or be taken to court in an attempt to recover damages.
Noneconomic damages are for pain and suffering. Tort reform often involves imposing maximum amounts that plaintiffs can recover for these damages, since they are very difficult to put a price tag on.
Yes, you can file a lawsuit in the proper court and recover your damages if the person is unwilling to pay voluntarily.
That issue sometimes arises in matters that require, by law, a permanent injury in order to recover damages for "pain and suffering". Many states employ the "impact rule" which requires a physical impact before one is entitled to recover damages for anxiety (by whatever name called).
Yes, you can be sued. Whether or not the injured can recover any damages depends on relevant state law and the facts and circumstances.