
You can sue the Massachusetts Bay Transportation Authority (MBTA) by filing the appropriate paperwork through the court system. Before filing a lawsuit against the MBTA, a Massachusetts bus accident lawyer will need to review your situation, gather evidence, and build a claim.
A lawyer can explain the specifics of how to sue the MBTA and also go over other options that could help you secure the compensation you deserve after a crash. You do not have to try to go through this complicated legal process on your own.
How to Sue the Massachusetts Bay Transportation Authority
Suing the MBTA requires you to file all of the appropriate paperwork. The legal process will require your Massachusetts personal injury lawyer to demonstrate that the MBTA holds legal liability for an accident that left you with physical injuries and financial losses.
After filing the relevant paperwork, the legal system will inform the MBTA about the lawsuit, and your claim can proceed.
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How to Decide if You Should Sue the MBTA
Before suing the MBTA, a lawyer will need to review your situation and determine if you have a valid claim. Your lawyer will have to assess everything that happened to determine if they can establish liability for the collision.
The MBTA may hold liability for a crash if your lawyer can prove that:
- The MBTA owed you a duty of care
- The MBTA failed to uphold its duty to you
- The actions of the MBTA directly led to your accident and financial losses
For example, the MBTA may need to cover your losses if the agency failed to perform proper maintenance on a bus, resulting in an accident that caused you catastrophic injuries, like broken bones or a concussion.
Establishing liability will require your attorney to thoroughly investigate the causes of an MBTA accident. Depending on the situation, your lawyer may need to:
- Visit the scene of the MBTA accident
- Talk to eyewitnesses and take their statements
- Collect any surveillance footage showing the crash
- Get a copy of the official accident report
You can assist with the investigative process. Knowing what to do after an MBTA accident can allow you to confidently take the right steps after your collision.
You May Get Compensation Without a Lawsuit
You may have a chance to get compensation for your losses after an MBTA crash without filing a lawsuit. Instead of going through the court system, your attorney may focus on negotiating a settlement with the insurance company representing the MBTA.
Negotiating a settlement may allow you to get full compensation for all of your economic and non-economic losses. In many cases, settling out of court will take less time than a lawsuit.
However, insurance representatives may try to undervalue your claim or even deny the losses you faced. In these situations, your attorney may proceed with a lawsuit against the MBTA.
What Happens if You Sue the MBTA?
If you sue the MBTA, you’ll have to go through the legal system. Your lawyer will need to present evidence to show that the MBTA owes you compensation for any losses you sustained as a result of an accident.
If the court finds in your favor, you may receive funds to pay for all of your economic losses, including the costs for:
- Medical expenses
- Lost wages
- Property repairs
You may also receive compensation to cover the non-economic damages caused by the collision. These losses include any pain, mental suffering, and emotional distress you experience after a crash.
Your attorney can determine a fair value for all of these losses on your behalf, pushing to secure a verdict that covers all of these expenses.
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How Much Compensation Do You Get if You Sue the MBTA?
The funds available through a lawsuit against the MBTA will depend on several factors, including the extent of your injuries. Your lawyer will need to carefully review your situation before they can provide an estimate on the value of your claim.
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How Long Do You Have to Sue the MBTA?
You have to file a lawsuit against the MBTA before the statute of limitations expires in Massachusetts. In many cases, you will only have two years from the time of your collision to take legal action.
However, the time available to pursue your claim can vary. Therefore, you should reach out to a lawyer quickly after a crash to discuss how long you have to file a lawsuit. If you wait too long, the court can dismiss your request for compensation.
Talk to Us About Suing the MBTA
Are you wondering how to sue the MBTA? Our team at GED Lawyers can explain the steps you need to take to proceed with a lawsuit after a bus crash. We can also explain your other legal options in the aftermath of a collision.
Our firm has decades of experience that we can use to assist you with all legal challenges you face.