Filing a Lawsuit

If the insurance company doesn’t offer you the money you deserve, the only option is often to go to court. However, there are many issues that have to be discussed before beginning the process of filing a lawsuit.

A good lawyer gives you all the information you need to make decisions in your case. Sometimes, deciding whether to go to court is an easy decision. Other times, it can be more difficult. Therefore, we always have a long talk with our clients before they decide which way to go. Some of the things we talk about are:

• How Much Will It Cost? Going to court costs money. Between filing fees, expert fees, and deposition fees, costs can add up quickly. While we often pay for these costs when they arise, we ultimately get them back if/when we settle. So, additional costs can reduce your bottom line. We explain this to our clients so that they can know whether to expect a long court battle to be worthwhile
• How Long Will it Take? Going to court takes time. Depending on which Court your case is in, it could be years until you get a trial date. Many people do not want to spend years of their life worrying about a court case, which will affect their decision.
• Will I Have to Testify? If you are the Plaintiff in any case, it’s almost certain that you will have to testify. You’ll have to give your testimony during a deposition, and then you’ll have to give it again if your case ends up going to trial. Many people don’t feel comfortable with this and will take a settlement so they don’t have to testify.

If you are going to file your case in state court, the first question is whether you will file your case in Superior Court or District Court. This decision will be based on the value of your case. If your case is worth $50,000.00 or more, you will file in Superior Court. If your case is worth less than $50,000.00, you will file in District Court.

Each court has its pros and cons. 

• Superior Court cases are often more complex. Therefore, attorneys are given more time to develop a case to get it ready for trial. The drawback to this is that getting a trial date can take more time than a client would like.
• District Court cases are often lower value, so parties need less time to prepare for trial. This means that you can get a quicker trial in District Court. Unfortunately many district courts reserve most of their resources for Criminal Trials. So, a civil case can sometimes be pushed back multiple times.

There are many courts across Massachusetts. After deciding whether you will file in District Court or Superior Court, you have to decide which court to file in. Where you can file depends on who was involved in the accident, and where it happened. In most accidents cases, a lawyer has a few options about where to file the lawsuit.

All courts are not equal. Some are busier than others. Some are more modern than others. But, the biggest difference will be the jury pool. Some counties have juries that are more sympathetic to injured people than others. An experienced lawyer will know the lay of the land and choose the court that’s best for your case.

Filing a lawsuit is one of the most important decisions you can make in an injury case. An experienced lawyer isn’t one who tells you what to do. An experienced lawyer is one that treats you as a partner that is part of the decision making process.

If you’ve been injured, call the trial attorneys at Marcotte Law Firm for a free consultation.