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 seasoned Boston auto injury attorney, the process for filing a Boston car accident case could be expedited. If you believe you have a case which merits a compensation award paid by the negligent party, be sure to schedule a consultation today.
Difference Between Filing a Claim, Case, and Action
Filing a claim involving a Boston car accident means that one notifies the insurance company for the at-fault driver who caused a car accident. The individual identifies themselves and claims that they suffered an injury and damages caused by the insurance company’s insured and their negligence. The claim states that the insurance company’s insured drove a vehicle negligently and, as a result, caused the person harm, injury, and damages.
Filing a case or action means one is filing a lawsuit. A lawsuit in a Boston car accident is filed when the insurance company fails to make an acceptable settlement offer. The insurance company might make several settlement offers, but the amount is not acceptable to the injured party or their lawyer so a lawsuit is filed.
Although a case is filed in court, that does not mean the case goes all the way to trial. It could settle along the way. The parties may agree to submit the case to an alternative dispute resolution (ADR) process such as mediation with the help of a senior Malden car accident lawyer or a retired judge who is not involved with the case and is neutral.
Process of Issuing an Auto Crash Claim in Boston
The process of filing a car accident claim in Boston begins when an individual hires a Boston car accident attorney. The attorney and staff send a letter of representation to the insurance company that insures the driver and vehicle that caused the accident. The insurance company, adjuster, and claims department contact the attorney to obtain additional information.
Frequently, the insurance adjuster for the at-fault driver may ask for certain documentation to build their claims file. They need to document the type of claim, the nature and extent of the injuries, and the amount of damages owed. It is important that the Boston car accident lawyer provides 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.
Information to be Presented in a Car Wreck Injury Case
Under Massachusetts law, to file a lawsuit in Massachusetts District Court or Massachusetts Superior Court, one must be able to show that the plaintiff incurred damages and medical treatment total more than $2,000. When an individual does not have a total amount of more than $2,000, they cannot bring a lawsuit seeking pain and suffering damages for a personal injury sustained as a result of a car accident in Massachusetts.
Presenting Convincing Evidence
Victims should look to obtain photographic evidence concerning the damages including photographs of the vehicles involved showing the damage. 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 as a result of the car accident.
Questioning Multiple Defendants
It could prove difficult to question multiple defendants in a Boston auto accident case. For example, there may be a need for lengthy trial, since the cross-examination process could take especially long since numerous witnesses may have to take the stand. From an even more practical standpoint, the jury selection process could be significantly affected if the multiple involved parties cannot agree to who should be selected to serve as a juror.
How Could an Attorney Help?
A victim should retain the services of an attorney soon after they suffered injuries from an accident. The importance of contacting an attorney is exemplified in the collection process of evidence. If you wait too long to hire an attorney, 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. For legal assistance with filing a Boston car accident case, contact an attorney today.