In Boston car accident cases, litigation can last anywhere from a year and a half to three years or more, depending on the circumstances. Litigation refers to the entire legal process from the time that a case is entered on the docket to the time that the jury has made their decision and presented their verdict to the clerk.
Cases with multiple defendants may involve several schedules and are likely to extend the length of Boston car accident litigation. While the courts do allow the parties to adequately prepare their cases, they also try and put appropriate pressure on them to make sure that the case does not languish. An experienced attorney could also help you keep your case as short and inexpensive as possible.
Factors that Could Influence the Length of a Case
Factors that can influence the length of Boston car accident litigation include the number of defendants, the complexity of the case, the medical condition of the parties, and the pertinent witnesses. For example, a plaintiff who has been severely injured as a result of a car crash and cannot attend depositions on their own could delay a case.
If there are parties to a case or witnesses who have medical conditions which limit their ability to travel, or if they are infirm or elderly, that could also delay a civil suit. Alternatively, there are also factors that could speed up a case, as Massachusetts law allows for the filing of a motion for a speedy trial.
There are two important elements to a car accident case that litigators typically focus on: liability and damages. Liability refers to who is negligent or at fault for causing an accident, and damages are the losses a person suffers as a result of the liable party’s negligence. A local attorney would work to direct the jurors’ attention to the evidence that demonstrates the defendant’s liability for having caused the collision and the plaintiff’s subsequent damages.
A claimant’s losses can be broken down into two types of recoverable damages. Economic damages refer to those which can be quantified, such as medical bills, lost wages, and any other expenses that the plaintiff incurred because of the accident.
Non-economic damages are intangible losses which cannot be quantified, such as pain and suffering, disfigurement, scarring, or a permanent impairment to a part of their body. A person who sustains a concussion or a traumatic brain injury in car crash may be left with a cognitive impairment that limits their ability to think, problem-solve, or perform daily activities. Quantifying these damages can be especially challenging and may ultimately extend the length of Boston car accident litigation, so it is best to consult with a lawyer for help with measuring non-economic losses.
An attorney would need to determine whether there was anything particularly aggravating or egregious about the defendant’s negligence, such as speeding, driving while impaired, driving with a revoked or suspended license, or any other traffic violations. For more information on which circumstances can add time to a civil claim, feel free to call our firm today.