The defendants and plaintiffs in a personal injury lawsuit are always represented by a professional personal injury attorney as they are the main parties to the legal action. The defendant is the party being held responsible in a lawsuit and is the alleged at-negligence party. If the law finds that the defendant was negligent and that their negligence caused the plaintiff severe injuries, a jury may rule in favor of the plaintiff.
The plaintiff in a personal injury lawsuit is the individual who has been injured. This person files the lawsuit alleging that the defendant caused the plaintiff to sustain significant damages and critical injuries. Hence, the plaintiff claims that the negligent party should be held financially responsible for their actions.
Negotiating a Settlement With a Massachusetts Personal Injury Attorney
Let’s talk about what happens if you have been injured and seek the services of a personal injury attorney. , First, your personal injury law firm will always start by investigating your injury claim and filing insurance claims, if required. Then, after you complete your medical treatment, the lawyer will calculate the total value of your damages. Finally, they create a settlement demand letter to forward to the negligent party and the insurance provider.
Generally, the letter discusses the facts of your case and the applicable laws that hold the negligent party financially liable for all the damages, also mentioning the description of your damages and injuries in detail. When this letter is delivered , the insurance provider will review the settlement demand. It is totally up to them to accept or refuse the settlement demand. In most cases, the majority of insurance providers make a counteroffer. Your insurance provider and dedicated lawyer will proceed with negotiations back and forth until they reach an acceptable settlement agreement.
With all of these negotiations, your lawyer will monitor the statute of limitations for personal injury cases, which are applicable under Massachusetts law. The statute of limitations is the deadline for filing a lawsuit. If the parties involved refuse to negotiate a settlement, your lawyer may suggest moving forward with a legal case.
Steps Your Personal Injury Attorney May Follow With the Lawsuit
Usually, a civil case filed under this category begins with filing a complaint and summons by the plaintiff. The plaintiff must send a copy of the complaint and summons to the defendant, and the defendant has a limited time to respond to them . After filing the initial pleadings, the lawsuit goes through multiple phases, including:
- The discovery phase, which is when both parties receive additional information and evidence to support their case.
- The court-held preliminary conferences in the filed case. The jury will talk to both the parties to track the progress in the lawsuit, stating whether a settlement agreement is possible or not.
- Settlement negotiations come into play when both parties try to settle the lawsuit before the final trial through negotiations with each other. The parties may agree to arbitration or mediation to avoid trial in some cases.
- Next come the pretrial motions, in which both the plaintiff and defendant may file one or more to solve issues before the legal trial. The motions may deal with the sanctioned evidence, expert witnesses, and other related legal matters.
- Last but not least, is the trial, when the plaintiff and defendant argue their cases. The jury members deliberate and return a verdict in favor of the defendant or the plaintiff.
Keep in mind that every personal injury lawsuit is different, and the timeline of every respective case will be different as well, based on the factors involved in the case. Often, these lawsuits are costly and time-consuming. However, settlements can save you both time and money. If you are unsure whether you have a valid personal injury case or not, it is best to seek advice from a reputable personal injury law firm. Most firms offer complimentary consultations, so getting guidance and legal advice regarding your case does not cost you anything.
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