Massachusetts Personal Injury and Workers' Compensation Law Blog
Filing A Car Accident Lawsuit In Boston
Nearly all car accident claims settle. Sometimes cases do not settle and then a lawsuit needs to be filed in a Massachusetts courthouse. Even after the lawsuit is filed a case can still resolve though. Here is some information you should know about filing a car accident lawsuit in Boston.
Who Can File A Lawsuit For A Car Accident?
Technically, anyone can file a car accident case in court. In fact, you don’t have to even be a car accident lawyer to file a lawsuit. However, just because a lawsuit is filed does not mean it will be succeed.
In order to bring a lawsuit for personal injuries from a Boston car accident, you must have at least $2000 in medical bills. If you sustained a broken bone (fracture), or suffered a scar from the car crash, then you can still file a lawsuit. These are two exceptions to the $2000 requirement.
Which Court Is Appropriate?
When filing a car accident lawsuit in Boston, the case must be filed in the appropriate court. If it is filed in the wrong court, it can be dismissed. Most cases are filed in either District Court or Superior Court. For cases where the claimed damages are less than $50,000, District Court is appropriate. For all others, Superior Court is where the lawsuit needs to be filed.
How Is The Lawsuit Filed?
The filing of a complaint is what formally begins a lawsuit. The complaint must be filed in the appropriate court to begin the lawsuit. A filing fee of between $200-$300 is required in order to file the complaint. A summons must also be purchased as that, along with the complaint, must be served on the person you are suing. This person is called the defendant.
Damages That Can Be Collected
The purpose of filing a car accident lawsuit in Boston is to recover from the negligent party all losses that were caused by the accident. These losses may be medical bills, lost wages, emotional distress, pain and suffering, as well as all other damages suffered. If the lawsuit does not seek the appropriate damages, then the injured party may be out of luck since he only has one bite at the apple.
Consult With A Boston Car Accident Attorney Today
Filing a car accident lawsuit in Boston can be complicated. For that reason it is always a good idea to hire a lawyer in Boston that handles car accident cases. Contact us today for immediate help with your Boston auto accident claim.