If you are considering filing a car accident lawsuit in Boston against an at-fault driver, it is important to first establish a professional relationship with a well-versed legal advocate from our firm. It is best to enlist the services of an attorney who is experienced, approachable, and who understands the nature of Boston auto wreck litigation.
Filing Against Government Employees
When the at-fault driver is an employee of a government entity in Massachusetts, certain procedures must be taken. For example, there is required notification before an injured party can present their claim in court under the Massachusetts Tort Claims Act.
The statute requires that a special written presentment letter be sent to the applicable governmental agency notifying them of the claim. This letter should provide as much information as possible about the nature of the claim and the amount of damages being pursued. An attorney would need to gather a claimant’s medical bills and list their damages as part of the complaint when they file the lawsuit.
The presentment letter must be submitted within two years from the date of the accident. The statute of limitations for filing a car accident lawsuit in Boston is three years. However, when a claim involves a governmental employee, the plaintiff’s lawyer must make presentment within the two-year period.
Assessing a Lawsuit’s Chances of Success
Once someone files a car accident lawsuit in Boston, they do not have to continue suing the defendant in order to collect damages. For example, a civil lawsuit could be resolved by some form of settlement. Some factors which may impact the success of a lawsuit include:
- The evidence developed in the lawsuit does not support the claim
- There is a chance that the plaintiff will lose at trial
- There is a dispute about who is at fault for the accident
- A witness supports the defendant or implies some degree of fault by both drivers
Sometimes, the individual and their attorney make the decision to withdraw the lawsuit and close the case. If the facts and evidence of the case do not support the lawsuit after it has been filed and it looks like the person will lose, they may settle for a nominal amount of money.
Does Filing a Lawsuit Forfeit a Claimant’s Right to Negotiate Outside of Court?
Filing a civil lawsuit does not forfeit a claimant’s right to negotiate resolutions outside of the court. A Boston car accident lawsuit can proceed on two tracks simultaneously. A local lawyer could assist you with the pretrial discovery process, exchanging interrogatories and interrogatory answers, requesting the production of documents, subpoenaing documents from third parties, and taking deposition testimony from witnesses. As those activities take place, settlement discussions may continue at any time.
Ask an Attorney for Help with Filing a Car Accident Lawsuit in Boston
A member of our skilled legal team could help you understand applicable limits and constraints on your case based on relevant laws and statutes. They could also assist with identifying possible defendants and evaluating the risks associated with proceeding to trial. Filing a car accident lawsuit in Boston can be made easier with the professional help and guidance of an experienced lawyer, so call our firm today to get started.