Personal Injury
- Automobile Accidents
- Premises Liability
- Wrongful Death
- Defective Products
- Catastrophic Accidents
- Medical Negligence
The outcome of personal injury trials in Massachusetts is next to impossible to predict. Every attorney has war stories of cases they should have won, but lost. Additionally, juries have no way of evaluating monetary damages. It is entirely within the realm of possibility that one can win and lose within the same verdict.
Cost is a huge factor in any civil litigation case, including motor vehicle tort matters. Attorney and support staff time devoted to trial preparation can be staggering. Discovery costs (depositions, expert opinions, testimony and fees) for personal injury cases cuts into the end result for both sides. These costs are passed on the client.
Mediation of personal injury matters is the safest, most cost effective alternative to filing civil suit. It has been estimated that with early mediation, 80% of cases that would otherwise be litigated are settled with only the preparation and costs equivalent to paying for a single deposition. Mediation allows both sides the opportunity meet in a neutral setting and see the strength and weaknesses of their own case through the eyes of opposing counsel. It also offers the time to consider the cost/benefit analysis of proceeding with a risky trial. Civil litigation can delay settlement of personal injury cases for years. On average, court dockets for these cases extend 18 months to 2 years from Complaint filing to jury trial.
Alternative Dispute Resolution (ADR) is often the best chance to work out a structured settlement and non-monetary considerations that can enhance a settlement's value, and provide a plaintiff with benefits that a law suit generally does not provide.
ADR provides quick resolution, and often resolves claims for much less the total cost of traditional jury trial. Claims are resolved with the assistance of a Neutral third party, (usually an attorney or retired judge) who is experienced in evaluation of such claims, thus bringing such cases to fair resolution.
Virtually any type of dispute may be submitted to NEMA, including, but not limited to:
