Marblehead, MA Personal Injury Lawyer

Home » Marblehead, MA Personal Injury Lawyer

When you get hurt, there are probably a lot of thoughts going through your head. These thoughts are valid, as are any feelings of frustration, sadness, or shock. While the emotional toll of getting hurt is serious, the physical injuries victims of accidents experience are often just as bad.

Whether you suffered emotional pain, physical injuries, or both, you are entitled to financial compensation if you were hurt because someone else was negligent. You can sue liable parties in court and hold them accountable for the wrongs they did to you. For that, though, you are going to need competent, professional legal help.

The Law Office of John J. Sheehan has Peabody, MA personal injury lawyers who can provide free case analyses when you contact us by dialing (617) 925-6407.

When Do I Need to Pursue a Personal Injury Lawsuit in Marblehead, MA?

You should know that you only have a limited time to file a personal injury lawsuit in Massachusetts. Under Mass. Gen. Law Ch. 260 § 2A, you have three years from when you get hurt to file your claim. Once those three years pass, you waive your right to sue or be awarded damages.

While three years may seem like a lot of time, keep in mind that much of that time may be spent by you recovering from injuries and our lawyers preparing your claim. Therefore, we recommend starting work on your claim as soon as practicable so that you do not miss the filing deadline.

The Personal Injury Lawsuit Process in Marblehead, MA

When people think of lawsuits, they usually think of a trial in front of a jury. However, that is only the final step in a very long and laborious process. In fact, there is a good chance that your case will not make it all the way to trial and will be resolved beforehand, as very few cases get all the way to a jury trial. The steps of a lawsuit that happened before the trial are just as important, if not more important, than the trial itself, and you are going to be involved in some of them, so it is a good idea to understand how they work.

Gathering Information

Our lawyers will be gathering information throughout the legal process, but it really kicks into high gear after your claim is filed and the lawsuit has properly begun. We will talk to medical providers, witnesses, police officers, and many other sources to get as much information as we can to help improve your case.

One very important source of information will actually be opposing counsel. Lawyers on opposite sides of a claim exchange information through “discovery” to ensure that both sides are more or less on an even playing field and that surprises are avoided. Giving information to your opponent may feel strange, but it is a crucial step in ensuring that justice is administered fairly.

Another important pre-trial information-gathering step is a deposition. Depositions are interviews taken under oath by various parties important to a case. Lawyers from both sides get to ask the deponent questions, which they must answer truthfully. As the plaintiff, you are pretty much guaranteed to get deposed by opposing counsel.

Getting deposed can seem scary, but our lawyers will also be present to advocate for you during the process. For example, if opposing counsel asks a question that is out of line, we can object so that you do not have to answer.

Pre-Trial Proceedings

In addition to information, there are a lot of clerical and procedural things that must happen before trial. Some of these hearings and other procedures will require you to go to court, while others will only require our lawyers to go on your behalf. Pre-trial procedures could be as mundane as setting a trial date or as serious as determining whether evidence is allowed at trial.

Potential Settlement Offers

At any point before trial, parties can offer to settle a case. When a case is settled, the matter is dropped based on terms that both parties agree to. Nobody is found liable in court, but many settlement offers include an admission of liability by one or both parties.

There are many advantages to settling a case. It is less expensive and time-consuming than a trial, and the outcome is guaranteed, unlike a trial, which is in the hands of the jury. Additionally, settling can help preserve relationships between the parties if that is desired.

Whether you should settle or not is entirely based on your situation. Remember, you are looking for a “win,” and winning means getting all the compensation you need after you are injured. If a settlement offer accomplishes that goal, it may be worth accepting. However, you always have the right to a trial, and our lawyers will advise you on the best decision in your claim.

Trial

Cases that are not settled or otherwise resolved beforehand will go to trial. Trials are well-rehearsed and practiced affairs. Both lawyers will present their facts, evidence, and legal argument to the jury, who will ultimately decide whether the defendant is liable for your injuries or not. The jury also determines the damages you get.

If you lose at trial, that is still not the end of the road. If the trial does not go your way and you believe that there was a legal error, you are able to appeal your claim. If necessary, our lawyers can help you through that process.