Massachusetts Personal Injury Lawsuits

Often those who think the want to represent themselves in personal injury lawsuits in Massachusetts are completely unaware of the work involved.  Preparing to win a Massachusetts personal injury law suit is a sizable undertaking often involving weeks—or even months—of fulltime effort for a good, dedicated attorney, and further involves hundreds of hours of extra work on the part of the lawyer's legal staff.

So, what exactly is the law firm doing behind the scenes of your personal injury law suit in Massachusetts. This article reveals some of the most common steps we take in the preparation of your personal injury lawsuit in Massachusetts in an effort to give your case the personal attention it needs and deserves.

How we prepare for your Massachusetts injury lawsuit

Notice of representation

As soon as you hire us as your attorney, we mail a notice of representation to the person or company responsible for your injury and to their insurance company.  From then on, the defendant and his insurance company are prohibited from contacting you directly—we will handle all further paperwork and communications.

Reviewing medical treatment, costs, and damages

We review pertinent medical records, wage information, and income tax records. We collect evidence from third parties and evaluate medical bills, lost wage information, and any property damage related to the claim.

Claim determination

We thoroughly and carefully investigate each case. Our determination process usually involves several important steps:

• Obtaining police reports
• Securing accident reports
• Gathering witness statements
• Getting and taking photograph
• Retaining experts

Suit preparation and discussions

During this phase of the case the focus shifts from assessing the viability of the case to managing the case so as to maximize value. During the pre-suit process, we work hard to maintain the most up-to-date medical, injury, and work-related information.

Claim settlement or filing of the lawsuit

When a claim settles, we ensure that waivers are signed.  For any number of reasons, a claim may not be settled through negotiation. In these cases we proceed to file a lawsuit on your behalf.  Typically, we file the lawsuit in the county where your injury occurred according to the relevant statutes of limitations—the laws that limit the time during which you can file a lawsuit

Serving of the summons

Once we file the suit, we arrange for a summons to be served on the defendant, as Massachusetts requires that the defendant receive notice of the complaint and are given an opportunity to respond to the allegations.  If the defense fails to respond within 30 days, we bring a motion for default judgment, requesting that the court enter a judgment against the defendant for failing to respond to the allegations.

Discovery stage

This is the period of heavy lifting.  Both parties conduct investigations regarding the facts of the case, which often includes further medical testing, interrogatories, and depositions.  Effective discovery leads to a faster and more lucrative recovery for you.

Discovery is a crucial aspect of a case going to trial, as it is our opportunity to gather evidence that supports your claim. This is a key differentiator, where we strengthen your case by using our years of experience to pull out key facts.

Motion dispositions

Before a case proceeds to trial, each party often brings motions to dispose of the case prior to trial or to set the rules for trial.  Courts are generally reluctant to take a case out of the hands of the jury so these motions are rarely granted.  The motion process often lasts months but is absolutely necessary to the judicial process.

Pre-Trial

In a pre-trial, the judge meets with both parties, reviews the evidence, and often recommends a settlement amount or will appoint a neutral third party who attempts to resolve the case or narrow the issues that will be heard at trial.

Get the Whitman advantage for your Massachusetts personal injury lawsuit

If you or a loved one was the victim of a serious personal injury accident, contact us for the legal help you need.