Initiating civil litigation against a property owner for an injury you sustained on their land can be challenging, especially when you were hurt in a construction accident. Obtaining compensation for a construction-site mishap involves several lawyers of claims, so it is best to consult with a local lawyer before entering litigation. Consider retaining a skilled attorney from our firm for assistance with filing a Boston premises liability construction accident lawsuit.
The Process of Premises Liability Lawsuits for Construction Site Injuries
Typically, the process for filing a Boston premises liability construction accident lawsuit begins when an attorney sends a written notification to the potential defendant alleging that they were negligent in causing the hazardous and unsafe conditions which led to the claimant’s injuries. It is also important to file a complaint with the appropriate court. If the damages are in excess of $25,000, then the complaint should be filed in the Superior Court in Massachusetts, in whichever county has jurisdiction over the case.
Afterwards, the defendant would notify their general liability insurance company of the pending claim. Under state law, their insurance company would have to provide written confirmation of the coverage that is available to them, as well as its limits, upon receipt of a written notice. After the defendant has submitted a response, their legal representative will periodically update them with documents and work to understand the nature and extent of the damages that are being claimed.
A construction accident complaint is filed along with the civil action coversheet for premises liability, which outlines the damages being claimed. The complaint, civil action coversheet, summons, and a tracking order would be served to the defendant. The defendant has a certain amount of time to file a responsive pleading. After that, the discovery process begins.
During pre-suit stages, an attorney would conduct discovery, exchange interrogatories, obtain documents, and collect witness testimonies and depositions. Later, once the case is more fully developed and the evidence is obtained, a lawyer may submit a written settlement demand package with certain supporting documentation of the defendants’ liability and negligence, together with the plaintiff’s medical records, reports, and bills.
Legal Time-Frames for Filing a Lawsuit
The time-frame for filing a premises liability construction accident lawsuit in Boston is generally three years from the date of the accident. If the potential defendant is a governmental agency, there could be an additional notification requirement under the state’s Statutes of Limitations Act, which would require a letter be sent to the appropriate agency within two years from the date of the accident.
Before filing a premises liability lawsuit for an accident on a construction site, an injured person should consider exactly what the process is going to entail and how long it is going to take. Fortunately, an attorney could explain how to present a legal case at trial, what the potential defenses are, and what elements go into establishing liability and damages.
It is also important to understand the strengths and weaknesses of your case. A lawyer from our firm could help you set reasonable expectations at an early stage on what the potential range of outcomes could be as far as settlement options, alternative dispute resolutions, mediation, and compensation. For help with filing a Boston premises liability construction accident lawsuit, call our legal team today.