Types of Civil Litigation

Personal Injury

Damages in personal injury cases may include medical expenses, lost wages, pain and suffering, and punitive damages in cases of gross negligence or intentional harm.

Personal injury cases are typically filed in Superior Court. The plaintiff must prove the defendant's negligence by a preponderance of the evidence, or just over 50%.

Medical Malpractice

Damages in medical malpractice cases may include compensation for medical expenses, lost wages, pain and suffering, permanent impairment, or death.

Medical malpractice claims must comply with specific procedural requirements, including pre-suit notice to defendants and review by a medical malpractice tribunal. As such, having appropriate legal representation is crucial in these matters

Contact Disputes

Damages in contract disputes may include compensatory damages to cover financial losses, consequential damages for indirect losses for breach of contract, including punitive damages for egregious breaches pursuant to M.G.L. c. 93A Section 2 and 9.

Small Claims

For smaller claims up to $7,000 can be filed in Small Claims Court. The process is designed to be informal, with limited discovery and a prompt judgment after the Small Claims Hearing.

Legal Requirements and Considerations

93A Demand Letters

• 93A Demand Letters to Businesses: In relevant cases, prior to filing suit, we may send a 93A demand letter, pursuant to Massachusetts General Laws Chapter 93A, to the opposing party. These letters serve to notify the party of their alleged unfair or deceptive business practices and provide an opportunity to resolve the dispute before litigation. The importance of these letters lies in their potential to expedite resolution, as well as their potential to increase damages and attorney's fees if the matter proceeds to court. Under Chapter 93A, successful plaintiffs may recover triple damages and attorney's fees, but this remedy is available only for claims involving unfair and deceptive trade practices with businesses.

176D Demand Letters

 176D Demand Letters to Insurance Companies: In cases involving insurance policies, similar to 93A demand letters, Massachusetts General Laws Chapter 176D provides protections for policyholders against unfair claim settlement practices by insurance companies. Sending a 176D letter to an insurance company notifies them of potential violations of Chapter 176D and requests fair and prompt resolution of the claim. If the insurance company fails to comply, the policyholder may pursue legal action, including seeking damages for bad faith or unfair settlement practices.

Expert Witnesses

In medical malpractice cases and other areas of practice that may utilize experts, we understand the importance of expert testimony in establishing complex issues of fact and causation. We work closely with experienced expert witnesses, such as medical professionals, engineers, forensic accountants, and other specialists, to provide expert opinions and testimony that support our clients' claims.

Alternative Dispute Resolution

Discussed in detail below, Alternative Dispute Resolution (ADR) offers parties involved in legal disputes an opportunity to resolve their issues outside of the traditional courtroom setting. ADR methods are often less adversarial, time-consuming, and costly than litigation, making them attractive options for parties seeking a more efficient and collaborative approach to conflict resolution.

Preponderance of the Evidence

The preponderance of the evidence standard requires the party with the burden of proof to demonstrate that their version of the facts is more likely than not to be true. In other words, the evidence must tip the scales slightly in favor of the party asserting the claim.

This standard is commonly used in civil cases, including personal injury claims, contract disputes, and most other non-criminal matters. To meet the burden of proof by a preponderance of the evidence, the evidence presented must be more convincing than the evidence presented by the opposing party.

Clear and Convincing Evidence

The clear and convincing evidence standard is a higher burden of proof than preponderance of the evidence but lower than beyond a reasonable doubt. It requires evidence that is highly probable to be true and leaves little to no doubt in the mind of the fact-finder.

This standard is typically applied in civil cases involving allegations of fraud, undue influence, or other serious misconduct. To meet the burden of proof by clear and convincing evidence, the evidence presented must be substantially more persuasive and convincing than the evidence presented by the opposing party.

Alternative Dispute Resolution

Mediation

In mediation, a neutral third party, known as the mediator, facilitates communication and negotiation between the parties to help them reach a mutually acceptable agreement. The mediator does not impose a decision but instead assists the parties in exploring options and finding common ground.

Mediation allows parties to maintain control over the outcome of their dispute and tailor solutions to their specific needs and interests. It can often result in faster resolutions, reduced animosity, and lower costs compared to litigation.

Applicability: Mediation is suitable for a wide range of disputes, including family law matters, business disputes, contract disagreements, and more.

Arbitration

Arbitration involves submitting the dispute to a neutral third party, known as the arbitrator, who acts as a private judge. The arbitrator evaluates the evidence presented by both sides and renders a binding decision, similar to a court judgment.



Arbitration offers a more streamlined and private process than traditional litigation, with parties typically having more control over the scheduling and procedures. It can be particularly beneficial for complex disputes where specialized expertise is required.

Arbitration is commonly used in commercial disputes, construction disputes, employment disputes, and disputes involving contractual agreements.