How to File a Lawsuit
If you’ve been injured in a motor vehicle accident and you can’t agree to a fair settlement with an insurance company, your option is to file a lawsuit against the person who caused you harm. There are many traps for the unwary here, so you should definitely not file a lawsuit without professional assistance. The most critical issue to be aware of when filing a personal injury lawsuit is that, subject to a few narrow exceptions, in Massachusetts you have only three years from the date of the accident to file a lawsuit in court. Once the lawsuit has been filed, most often you will be able to ask written questions (called “interrogatories”) of the defendant and also demand that the defendant produce certain relevant documents and answer questions under oath at a deposition. Of course, you will also need to answer written questions, produce documents, and attend a deposition. It is extremely important that you are honest about the accident and your injuries. The better prepared you are and the more forthright you are about the accident and your injuries, the better a jury will be able to fairly compensate you for your pain and suffering.
While the vast majority of personal injury cases settle before trial, it is imperative that if you do file a lawsuit, you make the commitment to go all the way to trial if necessary. If you are confident in your case and have reasonable expectations, the chances of a fair resolution weigh more heavily in your favor.