Accident Litigation in Boston
If you have been injured in an accident due to another party’s negligence, you may be able to file a lawsuit. Before you can file an accident lawsuit in Boston, you must understand several legal concepts related to Boston accident litigation. Devine, Barrows & Devine offers this explanation of accident litigation.
Negligence
You must be prepared to prove that your injuries are related to the accident and due to another party’s negligence. The legal doctrine of negligence changed the landscape of accident injury litigation in Boston and throughout Massachusetts. Negligence is the failure to use reasonable care. It now plays a major role in Boston accident lawsuits.
Valid Claim
You must have a “valid claim.” In laymen’s terms, a valid claim is one that is reasonable and applies to a real accident which was the clear fault of another person or party.
Legal Standing
You must have “legal standing.” This means that you must have sustained a real injury. For example, an automobile accident is a common cause of personal injury where you may have legal standing.
Statute of Limitations
Your injury must fall within the statute of limitations—the maximum amount of time you have from the date of the accident to file a lawsuit. In Massachusetts, the statute of limitation for personal injury is three years.
No-Fault Insurance State
Massachusetts is a “no-fault” insurance state. This means that unless a serious injury occurs, accident victims must usually seek damages from their own insurance company. Your insurance company makes payments for injuries you sustain in an auto accident, regardless of fault, up to a specified limit.
You should hire a law firm that specializes in accident injury litigation. They will listen to the details of your injury, and help determine if you have the grounds for a lawsuit.
