What can I do if the at-fault party refuses to pay my settlement?
If the at-fault party refuses to pay your settlement in Massachusetts, you can take legal action to ensure you receive the compensation you are entitled to. The first step is to file a claim in a civil court. In order to do so, you must state the details of the accident, the damages you have suffered, and the amount of compensation you are seeking. You must also include the name of the liable party and any relevant evidence that backs up your claim. When the judge hears your case, they will issue a judgment stating the amount of compensation that should be paid. If the liable party refuses to pay this amount, you can file an Execution of Judgment in a local court. This document gives the court authorization to take steps to collect the money from the defendant. Depending on the situation, the court may garnish the defendant’s wages or place a lien on their property until the full amount is paid. It is important to note that if you are not successful in court, you may be held liable for your attorney’s fees; however, most personal injury attorneys work on a contingency basis, meaning you do not have to pay unless you win the case. Furthermore, you may be eligible for payment from the Massachusetts Tort Claims Fund, which will cover some injury damages if the at-fault party does not have sufficient insurance coverage.
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