Should you decide to take legal action to hold the at-fault party accountable for their reckless actions, you may have to undergo various procedures before presenting your case in front of a judge. If a mistake is made at any point, your case may be delayed or potentially thrown out. In order to minimize any mistakes, be sure to consult with an experienced attorney. A lawyer may be able to provide you with valuable insight regarding the Boston car accident litigation.
Filing a Complaint
After a complaint is filed, the complaint and summons complaint in either a civil action cover sheet or a statement of damages are then served by a deputy sheriff on the defendant, and then the defendant has a certain period of time to answer the complaint by filing a written answer to the complaint or, in some cases although rarely, filing a motion to dismiss if the defendant believes that the complaint is insufficient and is defective or fails to state a claim upon which release may be granted.
After a complaint is filed, it is then served by a deputy sheriff. The defendant is required to respond to the complaint within a certain period of time. In some cases though, the defendant could file a motion to dismiss if the defendant believes the complaint is insufficient and/or fails to state a proper injury claim.
After the complaint is filed and the defendant’s answer is filed, the parties then engage in a process called discovery, which is the pretrial period wherein the parties send each other written questions called interrogatories, requests for production of documents, and deposition notices. They may subpoena documents or subpoena witnesses to testify from third parties, businesses, or entities that are not parties to the lawsuit.
Pretrial Conferences and Memorandums
After that discovery period, the parties would then be notified to appear before the court for what is called a pretrial conference. The parties have to participate and cooperate by drafting a joint pretrial conference memorandum.
The pretrial conference memorandum would include a list of exhibits that the parties anticipate filing and submitting into evidence at trial. It would also contain a list of witnesses for each party expected to testify in court. In addition, a list of expert witnesses who would be testifying in court, either live or via pre-taped video deposition, would also be included.
Potential Settlement Positions
The pretrial conference memorandum may layout the settlement positions of the parties, whether a demand or offer has been made, and whether there has been any settlement negotiation. It would also indicate whether or not the parties are amenable to submitting to the case for mediation to see if the case could possibly be resolved or settled without the need of having a full jury trial.
Hiring an Attorney
Considering the amount of detail it takes to successfully submit a claim, it is important to work with someone familiar with Boston car accident litigation. Not only could an attorney argue your case in court, but they could also help with the preparation and filing of a claim. By having a lawyer at your side, you chances to obtain a favorable outcome may dramatically increase. To get started on your case, be sure to schedule a consultation today.