How to File a Car Accident Lawsuit in Boston

When trying to obtain compensation for injuries resulting from an auto wreck, you may find it difficult to gather evidence, organize a claim, and present a case in court. Luckily, with the help of a Somerville side-impact car accident lawyer and seasoned Boston auto injury attorney, the process for filing a Boston car accident case could be expedited.

Our lawyers can explain the ins and outs of recovering compensation after car crashes, namely how none-economic damages are typically unavailable from insurance payouts and only come from lawsuits. Our lawyers can prepare your lawsuit for success by gathering evidence, involving experts, organizing your medical records, and filing the complaint within the statute of limitations. We can represent your interests during settlement negotiations or a possible trial so that you ultimately walk away with the compensatory damages that you deserve.

For a free case evaluation from our Boston car accident lawyers, call the Law Office of John J. Sheehan today at (617) 925-6407.

Filing Insurance Claims and Lawsuits After Car Accidents in Boston

After accidents, victims may file insurance claims to recover some, but not all, compensation for their injuries. Our lawyers can send a letter of representation to the insurance company that insures the at-fault driver and their vehicle. The insurance company, adjuster, and claims department will likely respond with requests for additional information, with which we can comply.

Accident claims start with our attorneys contacting the insurance company for the at-fault driver who caused the crash. We can identify you as the claimant, explain your injuries, and cite the damages you incurred because of the insured driver’s negligence. Victim claims typically state that the insured drove a vehicle negligently and, as a result, caused the claimant harm, injury, and damages.

Most likely, the insurance adjuster for the at-fault driver will ask for additional documentation to build their claims file. They need to document the type of claim, the nature and extent of the claimant’s injuries, and the amount of damages owed. Our Boston car accident lawyers can provide the appropriate information and documentation to the insurance adjuster so they can conduct a settlement analysis, make a settlement offer, and engage in good-faith settlement negotiations.

Insurance settlements may not cover all damages victims incur, namely non-economic damages. This is where filing a lawsuit can benefit victims, as civil actions can lead to compensation for pain and suffering damages for victims. While the insurance company might make several settlement offers, the amount might be unacceptable to the injured party or our lawyers, and a lawsuit may be filed. If you wait too long to contact our attorneys, evidence available to support your claim and help you prevail in settling or winning the lawsuit at trial could be lost, even though the statute of limitations may not have run out, so don’t wait to start your case.

Although a case is filed in court, that does not mean the case goes all the way to trial, as it could settle along the way or end through an alternative dispute resolution (ADR) process such as mediation.

How to Prepare for a Car Accident Lawsuit in Boston

Preparing for car accident lawsuits can be daunting for victims, but our lawyers can provide the guidance and support necessary to navigate their claims successfully in Boston. We can prepare to prove fault by gathering and preserving evidence, prepare to pass the serious injury threshold by collecting relevant medical records, and prepare for settlement negotiations or a potential trial to ensure your fair recovery.

Prepare to Prove Fault

Victims can prepare to prove fault immediately by preserving physical evidence through photos. Using your phone to take pictures of debris and property damage can lead to photographic evidence our lawyers and accident reconstruction experts can review when preparing your case. If there is a broken windshield, that is important evidence that demonstrates the severity of the impact on the vehicle and the occupants of the vehicle. The physical evidence on the car could potentially reveal what happened to the person’s body that correlates with the personal injury that was treated after the car accident.

If you notice tire marks on the road or nearby traffic signs the other driver might have ignored, photograph them as well. You can also take pictures of any visible injuries you sustained to show you were hurt during the specific accident.

Our Boston car accident lawyers can prepare to prove liability in other ways, such as by interviewing witnesses. Eyewitnesses can corroborate the sequence of events we present at trial, confirming that the defendant was the only negligent party and you did not contribute to the crash. We may also involve accident reconstruction experts, as they can review physical evidence and other proof to determine the collision’s cause and present their findings during court testimony.

Prepare to Pass the Serious Injury Threshold

Under Mass. Gen. Laws Ch. 231, § 6D, to file a car accident lawsuit in Massachusetts, plaintiffs must be able to show they incurred more than $2,000 in medical damages. Otherwise, they cannot bring a lawsuit seeking pain and suffering damages for a personal injury sustained as a result of a car crash.

Generally, many car accident victims meet this threshold because the cost of treatment for even minor injuries is so high. To show you pass the serious injury threshold, our lawyers will obtain the appropriate medical records from physicians to submit with your injury complaint in Boston.

Prepare the Injury Complaint

Your lawsuit begins with an injury complaint filed in court. We must provide the court with certain information through this complaint. For example, we must identify you as the plaintiff and name the liable driver as the defendant. We must then summarize the accident’s events and explain how the defendant breached their duty of care and injured you. Finally, we will request relief in the complaint for all the damages you have incurred, both economic and non-economic.

We must prepare the car accident complaint and file it within three years, according to Mass. Gen. Laws Ch. 260, § 2A. Lawsuits not filed on time are generally dismissed, blocking victims from getting compensation for their many losses. At the start of your case, our lawyers can calculate the filing deadline based on the accident’s date and proceed appropriately so you do not miss the statute of limitations.

Prepare for Settlement Negotiations or Trials

Our lawyers can prepare for settlement negotiations and possible trials from the get-go of handling victims’ claims. We’ll organize and review all evidence and identify which is the most compelling, particularly to jurors. For example, jurors may positively respond to expert witness testimony, so involving accident reconstruction experts is typically beneficial. These experts can convince jurors of an accident’s cause, supporting their statements with the physical evidence and photos from the scene they reviewed. We can also have your treating physicians prepare statements, particularly if you need future care or your earning capacity has been permanently reduced.

In addition to preparing your case for success, we can also prepare you for what to expect from each stage of the process so you feel comfortable and confident in your Boston car accident lawsuit.

Call Our Car Accident Attorneys in Boston for Help Today

For a free case discussion with our Boston car accident lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.