Most car accident claims settle without ever reaching a courtroom. Insurance negotiations resolve the majority of cases, and many injured people never file a formal lawsuit. But when the insurance company refuses to offer fair compensation, or when liability is disputed, a car accident lawsuit may be the only path to recovery.
Lawsuits aren’t always quick fixes, but they often prompt settlements once the insurance company sees the prospect of a trial drawing closer. Car accident lawsuits involve formal procedures, deadlines, and strategic decisions that affect the outcome. But for victims who’ve suffered serious injuries and received inadequate settlement offers, filing suit often produces significantly better results than accepting what the insurance company initially proposes.
If an insurance company is giving you the runaround or undervaluing your claim, a Massachusetts car accident lawyer can guide you through each stage of the process and handle the legal work while you focus on healing.
Key Points to Know Before Filing a Car Accident Lawsuit
- Most car accident cases settle before trial, but filing a lawsuit strengthens your negotiating position.
- Massachusetts law sets a three-year deadline to file a personal injury lawsuit after a car accident.
- The lawsuit process includes multiple stages: filing, discovery, negotiation, and potentially trial.
- Your attorney handles the legal procedures while keeping you informed at each step.
- Compensation may include medical expenses, lost income, pain and suffering, and other damages.
When Does a Car Accident Case Become a Lawsuit?
Not every car accident claim requires a lawsuit. Most claims resolve through insurance negotiations. Moreover, data from the United States Department of Justice shows that as many as 97% of all civil cases settle before trial begins. Only a small fraction ever proceeds to a full trial verdict. However, certain situations make litigation necessary:
The insurance company denies your claim
Insurers sometimes reject valid claims outright, arguing their policyholder wasn’t at fault or that your injuries aren’t as serious as you claim. A lawsuit forces them to defend that position in court.
The settlement offer falls short of your actual losses
Insurance adjusters often propose settlements that don’t cover the full cost of your medical bills, lost wages, and other damages. When negotiations stall, filing a lawsuit signals you’re prepared to let a jury decide what your case is worth.
Liability is disputed
If the other driver denies causing the accident, or if multiple parties share fault, sorting out responsibility may require formal legal proceedings. A lawsuit allows both sides to present evidence and lets a judge or jury determine who bears liability.
Your injuries are severe or permanent
Serious injuries involving surgery, long-term rehabilitation, or permanent disability carry significant costs. Insurance companies often undervalue these claims, but a lawsuit accounts for all your current and future damages, not just the partial damages the insurance company offers. An experienced attorney fights for compensation that reflects the true impact of your injuries.
Filing a Car Accident Lawsuit
A car accident lawsuit begins when your attorney files a formal complaint with the court. This document identifies the parties involved, describes how the accident happened, explains the legal basis for your claim, and specifies the damages you’re seeking.
In Massachusetts, plaintiffs must file personal injury lawsuits within three years of the accident under the statute of limitations (Massachusetts General Laws Chapter 260, Section 2A). Missing this deadline typically bars you from pursuing compensation, regardless of how strong your case might be.
After filing, your attorney serves the defendant with a copy of the complaint and a summons. The defendant then has a limited time—usually 20 days in Massachusetts—to file a response. Their answer may admit certain facts, deny others, and raise defenses to your claims.
How Comparative Negligence Affects Your Lawsuit
Massachusetts follows a modified comparative negligence (Massachusetts General Laws Chapter 231, Section 85). If the defendant argues you share some responsibility for the accident, the jury assigns a percentage of fault to each party. Your compensation is reduced by your percentage of fault. If you’re found 51% or more at fault, you’re barred from recovery.
Insurance companies frequently use this rule to reduce payouts. Their attorneys may argue you were speeding, failed to brake in time, or contributed to the crash in some other way, even when the evidence suggests otherwise.
Your attorney counters these tactics by:
- Gathering evidence that establishes the defendant’s primary responsibility
- Challenging unsupported claims about your role in the accident
- Presenting witness testimony and expert analysis that accurately reflects what happened
- Preparing persuasive arguments for settlement negotiations or trial
A strong legal strategy minimizes the fault attributed to you and protects your right to fair compensation. Even if you bear some responsibility, you may still recover significant damages as long as your share of fault stays below 51%.
The Discovery Phase: Working Toward a Fair Settlement
Once both sides have filed their initial documents, the case enters discovery. This stage of a personal injury case allows each party to gather information and evidence from the other side. Discovery serves a critical purpose: it prevents surprises at trial and helps both parties evaluate the strength of their case.
Discovery tools include:
- Interrogatories: Written questions that must be answered under oath
- Depositions: In-person testimony taken under oath, recorded by a court reporter
- Requests for production: Demands for relevant documents such as medical records, accident reports, and insurance policies
- Requests for admission: Statements the other party must admit or deny
Your attorney uses discovery to obtain evidence supporting your claim and to identify weaknesses in the defendant’s case. The defendant’s attorney does the same. This process often reveals information that motivates one or both sides to settle rather than proceed to trial.
Discovery can be the longest part of the process, depending on the complexity of the case. Your attorney handles the procedural requirements while keeping you informed about significant developments.
Settlement Negotiations: Working Toward a Fair Resolution
Even after a lawsuit is filed, a settlement remains possible at any stage. In fact, many cases settle up to and during trial. Filing suit often motivates insurance companies to make more reasonable offers because they now face the cost and uncertainty of litigation.
Settlement negotiations may occur informally between attorneys or through formal mediation. In mediation, a neutral third party helps both sides work toward a mutually acceptable resolution. Massachusetts courts often encourage or require mediation before trial.
Settlement offers several advantages over trial:
- Faster resolution and quicker access to compensation
- Lower legal costs for both parties
- Certainty of outcome rather than leaving the decision to a jury
- Privacy, since settlements aren’t part of the public record
Your attorney evaluates any settlement offer against the full value of your claim. This calculation accounts for medical expenses already incurred, anticipated future treatment costs, lost income, diminished earning capacity, pain and suffering, and other damages. If the offer falls short, your attorney advises you to reject it and continue toward trial.
You always retain the final decision on whether to accept a settlement. Your lawyer provides guidance, but the choice is yours.
Going to Trial: When Insurers Refuse to Offer You a Fair Deal
If settlement negotiations fail, your case proceeds to trial. While trials are relatively rare in car accident cases, preparing for one strengthens your position throughout the litigation process. Insurance companies know which attorneys are willing to go to court, and that knowledge influences their settlement offers.
Jury selection
The trial begins with jury selection. Attorneys from both sides question potential jurors to identify any biases that might affect their judgment. The goal is to seat a fair and impartial jury.
Opening statements
Each attorney presents an overview of their case. Your lawyer explains what the evidence will show and why the defendant should be held responsible for your injuries. The defense attorney offers their perspective.
Presentation of evidence
Your attorney presents evidence supporting your claim. This includes testimony from witnesses, medical records documenting your injuries, expert opinions on topics like accident reconstruction or future medical needs, and any other relevant documentation. The defense then presents its evidence.
Witness testimony and cross-examination
Witnesses answer questions from both attorneys. Cross-examination allows each side to challenge the other’s witnesses and highlight inconsistencies or weaknesses in their testimony.
Closing arguments
After all evidence has been presented, attorneys deliver closing arguments summarizing their case and urging the jury to rule in their favor.
Jury deliberation and verdict
The jury deliberates privately and reaches a verdict. They determine whether the defendant is liable and, if so, the amount of damages to award. In some cases, a judge decides the case instead of a jury (called a bench trial).
What Compensation May You Pursue After a Car Accident?
A successful car accident lawsuit may result in compensation for various types of damages:
Economic damages cover quantifiable financial losses:
- Medical expenses, including emergency care, surgery, hospitalization, rehabilitation, and future treatment
- Lost wages from time missed at work
- Reduced earning capacity if injuries limit your ability to work
- Property damage for vehicle repair or replacement
Non-economic damages address losses that don’t have a specific dollar amount:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on your relationship with your spouse)
In rare cases involving extreme recklessness or intentional misconduct, Massachusetts courts may award punitive damages to punish the defendant and deter similar behavior.
Your attorney calculates the full value of your claim and presents evidence supporting each category of damages. Insurance companies often undervalue non-economic damages, so having an attorney who can effectively communicate the impact of your injuries makes a significant difference.
How Long Does a Car Accident Lawsuit Take?
Many car accident lawsuits resolve faster than people expect, especially when the evidence clearly supports the victim’s claim. Filing a lawsuit often motivates insurance companies to negotiate seriously, leading to fair settlements without the need for trial.
Factors that influence the timeline include:
- The strength of the evidence in your favor
- Number of parties involved
- The insurance company’s willingness to negotiate
- Your attorney’s preparation and strategy
Your attorney keeps the process moving efficiently and looks for opportunities to resolve your case favorably at every stage. The goal is always fair compensation in a reasonable timeframe.
Questions Accident Victims Ask About Lawsuits
Do I have to go to court if I file a lawsuit?
Filing a lawsuit doesn’t guarantee a trial. Most cases settle before reaching the courtroom. However, you should be prepared for the possibility. Your attorney handles court appearances and procedural matters, minimizing the demands on your time.
What if I can’t afford a lawyer?
Most car accident attorneys work on a contingency fee basis. You pay nothing up front, and legal fees come from your settlement or verdict. If you don’t recover compensation, you owe no attorney fees.
What role do expert witnesses play in a car accident lawsuit?
Expert witnesses provide specialized knowledge that helps establish key facts in your case. Accident reconstruction specialists may testify about how the crash occurred. Medical experts explain the nature and extent of your injuries. Economists may calculate future lost earnings or the cost of ongoing care. Your attorney selects and works with experts whose testimony strengthens your claim.
Can I sue if I was a passenger in the at-fault vehicle?
Yes. Passengers have the right to pursue compensation from any driver whose negligence caused the accident, including the driver of the vehicle they were riding in. You may also have a claim against another driver involved in the crash. Your attorney evaluates all potential sources of recovery and files claims accordingly.
Can I still settle after the trial starts?
Yes. Settlement remains possible at any point, even after trial begins. Some cases settle during jury selection or after opening statements when one side recognizes the strength of the other’s case.
What if the other driver has no insurance?
Massachusetts requires drivers to carry uninsured motorist coverage. If the at-fault driver lacks insurance, your own policy may cover your losses. Your attorney reviews all available coverage and pursues compensation from every applicable source.
What 4 steps should I take immediately after a car accident?
- Ensure the safety of everyone involved and call 911 to report the crash and request medical attention. Seek prompt medical care for all injuries, even if they seem minor.
- Next, document the scene by taking photos of the vehicles, injuries, and surrounding area.
- Exchange contact and insurance information with the other driver, but avoid discussing fault.
- Finally, contact a knowledgeable car accident attorney before you speak to any insurance adjusters about the facts of your case.
Take the Next Step Toward Fair Compensation
Bailey, Michael J., Car Accident Lawyer
A car accident lawsuit is a serious undertaking, but it may be the only way to recover what you’re owed when insurance companies refuse to pay fairly. The attorneys at Law Offices of Bailey and Burke represent accident victims throughout central Massachusetts and fight for full compensation at every stage of the legal process. Contact us online to discuss your case.
