What is the process for filing a personal injury claim?
Filing a personal injury claim in Massachusetts can be complex, requiring the assistance of an experienced attorney. The process begins with contacting an attorney, who will review the facts of your case and provide an evaluation of the potential legal claims that may be available to you. Next, you and your attorney will prepare and file a “Complaint for Personal Injury.” This document identifies the parties involved, the nature of the injuries, and the damages that you are seeking. In most cases, it will also include an explanation of the legal basis of the claim. After the Complaint is filed with the court, the defendant(s) must be served. This can be done either by mail or by a court-appointed “server.” If the defendant does not respond within the prescribed timeframe, the court can enter a “default judgment” in your favor. The next step is the “discovery period,” during which both sides exchange information and evidence related to the case. This is done through “interrogatories” and “requests for production,” and can involve depositions, medical exams, and other methods. If the parties are unable to reach a settlement agreement, the case will proceed to trial. During the trial, witnesses, documents, and other evidence will be presented in order to prove your case. The court may then enter a judgment in your favor awarding a certain amount of damages. Regardless of the outcome of your case, filing a personal injury claim can be a challenging process. That’s why it’s important to consult with an experienced attorney who understands the legal process and can help protect your rights.
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