Category: Mediation and Arbitration

It is the Complaint that officially begins a personal injury lawsuit in Massachusetts. This document is referred to as a “pleading.” If you have a small case with limited damages (personal injuries) the case should be filed in the District Court. If you have significant damages, then the Superior Court is the proper court to […]

This list does not cover all factors that determine the value of a claim, only some of them: Type of accident; Whether or not the accident was partly your fault; The type of injury was sustained; Whether or not you had surgery; Whether or not the injury is permanent; Whether or not you lost time […]

Yes. Statistics show that claimants who have an attorney often receive a higher settlement – even after the legal fee is deducted – than those who negotiate with an insurance company without representation. Suppose you were injured in a small rear-ender, and the insurance company calls you soon after the accident and offers you $500.00 […]

The short answer: it depends if you want it to or not. Most cases involving personal injury such as motor vehicle auto accidents are resolved before trial. The reason most cases settle before trial is that jury, as well as bench trials (a judge decides the case outcome), are so uncertain. Their outcomes are so […]

I found this post over at San Francisco Mediation: A Better Solution authored by San Francisco Attorney Paula M. Lawhon that caught my attention because of its informative analysis of mediation in the context of a personal injury case. It deftly chronicles the mediation process from start to finish. If you will soon be involved in a mediation, irrespective […]

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A. Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers. It is written in a way which makes the law a little less confusing and easier to understand. It is a FREE monthly […]

Arbitration is an increasingly common method for resolving personal injury cases in Massachusetts. One of the great benefits of arbitration is that you avoid the anxiety and unpredictability of a jury trial. Also, like mediation, arbitration is quick, as opposed to a jury trial which can be protracted and delayed. Another great benefit of arbitration is […]

I find mediation to be a great alternative to trying a Massachusetts personal injury case before a jury. It is not that I don’t like trying a case before a jury (it is actually quite fun). Rather, jury trials are so uncertain and unpredictable because trying a jury case is a complete and total crap shoot; […]

Is your Massachusetts personal injury claim going to mediation? If so, the more information you know about the mediation process the better. Here is a great blog about all things mediation called Online Guide to Mediation. Check it out for great information about mediation.

Massachusetts personal injury claims can often be speedily resolved through arbitration (if the parties can agree to arbitrate, in the first place). One of the notable benefits of arbitration is that the arbitrator will usually issue his/her decision within one to two weeks after the arbitration has concluded. This is a great benefit if you […]