When someone is injured due to the negligence of another person or entity, they may have the option to file a personal injury lawsuit. This type of lawsuit seeks compensation for damages such as medical expenses, lost income, and pain and suffering. If you have been injured in Massachusetts and believe you have a personal injury case, here are the steps you need to take to file a lawsuit.
Table of Contents
Step 1: Determine if You Have a Case
Before filing a personal injury lawsuit, you need to determine if you have a case. This means you need to establish the following:
- The defendant had a duty of care towards you
- The defendant breached their duty of care
- This breach of duty caused the injury
- The injury resulted in damages
If you can establish these four elements, you may have a case.
Step 2: Hire a Personal Injury Lawyer
Filing a personal injury lawsuit can be complex and time-consuming. It is recommended that you hire a personal injury lawyer to guide you through the legal process. A lawyer can help you determine if you have a case, negotiate with insurance companies, and represent you in court.
When choosing a lawyer, look for someone who has experience with cases similar to yours. You can also ask for referrals from friends and family or search online for personal injury lawyers in your area.
Step 3: Prepare Your Complaint
Your personal injury lawyer will help you prepare and file a complaint, which is the legal document that initiates the lawsuit. The complaint should include the following information:
- Your name and the name of the defendant
- A description of the incident that caused your injury
- A list of damages you are seeking
- The legal basis for your claim
The complaint must be filed with the appropriate court in Massachusetts, which will be determined based on the amount of damages you are seeking.
Step 4: Serve the Complaint
After filing the complaint, you must serve it to the defendant. This means delivering a copy of the complaint to the defendant or their legal representative. You must comply with all rules and deadlines for serving the complaint.
If the defendant cannot be located, you may need to get permission from the court to serve the complaint by alternative means, such as through the mail or by publishing a notice in a newspaper.
Step 5: Enter into Discovery
After the defendant is served, both parties will enter into the discovery phase. During discovery, both parties exchange information and evidence related to the case. This includes depositions, written interrogatories, and requests for documents.
Your lawyer will help you navigate the discovery process and ensure that all relevant information is disclosed. Discovery can take several months or longer, depending on the complexity of the case.
Step 6: Attend Mediation or Negotiation
Before taking the case to trial, it is common for both parties to attend mediation or negotiation. This is an opportunity to settle the case outside of court and avoid the expense and uncertainty of trial.
Your lawyer will negotiate with the defendant or their representative to reach a settlement agreement. If a settlement agreement is reached, the case will be dismissed. If not, the case will proceed to trial.
Step 7: Attend Trial
If a settlement agreement cannot be reached, the case will go to trial. During the trial, both parties will present evidence and arguments to a jury, who will make a decision on the outcome of the case.
Your lawyer will represent you in court and present your case to the jury. The trial can take several days or longer, depending on the complexity of the case.
Step 8: Receive Your Settlement or Verdict
After the trial, the jury will provide a verdict on the case. If the verdict is in your favor, the defendant will be ordered to pay the damages specified in the complaint.
If the case was settled outside of court, the defendant will provide the agreed-upon amount of damages. Your lawyer will help you collect your settlement or verdict and ensure that all legal requirements are met.
Filing a personal injury lawsuit in Massachusetts can be a lengthy and complex process, but with the help of an experienced personal injury lawyer, you can increase your chances of success. By following these steps, you can protect your legal rights and seek the compensation you deserve.