Filing a Lawsuit in Worcester, Massachusetts

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Litigation Lawyers in Worcester

If you live in Worcester, Massachusetts and think that you might be the victim of a legal wrong, you may decide that it's worth suing over, to recover compensation from the person who wronged you.

If you think that filing a lawsuit is a good option in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and expensive process. You should not make a final decision without speaking to a Worcester, Massachusetts attorney.

Your Worcester, Massachusetts civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best options on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.

Steps for Filing a Lawsuit in Worcester, Massachusetts

Consultation with your attorney: Before you continue in any legal action in Worcester, Massachusetts, you should speak with a good local attorney in Worcester, Massachusetts. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Worcester, Massachusetts court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Worcester, Massachusetts has specific rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.

Await the Response: The defendant in Worcester, Massachusetts has an opportunity to respond to the allegations against them. They have several options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Usually, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.

How Can A Worcester, Massachusetts Tort Lawyer Help?

The basic outline above does not come close to covering all the details involved in filing a lawsuit in Worcester, Massachusetts.

Accordingly, it's always a good idea to speak with a Worcester, Massachusetts litigation attorney if you are contemplating filing a lawsuit against a person or company.

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Life in Worcester

The City of Worchester is the seat of Worchester County, Massachusetts and home to 190,000 residents. As the 2nd largest city in New England after Boston, Worchester is known as the "Heart of the Commonwealth." Consequently, the Worcester City Seal is emblazoned with a heart.

The Worchester City Seal is also appropriate because there are a wide range of health-related businesses and schools in town. UMass Memorial Health Care, University of Massachusetts Medical School, Saint Vincent Hospital, Hanover Insurance, and the Fallon Clinic round out 5 of the top 8 employers in Worchester.

Other businesses, like Polar Beverages who operates two bottling facilities in Worcester, make use of the local staff of lawyers. Worcester lawyers consult clients on a wide range of cases.

Worcester has an abundance of Victorian era mill architecture like at the Jesuit College of the Holy Cross. The college was founded in 1843 and is one of the oldest Roman Catholic colleges in the United States and the oldest in all of New England. Worcester has a number of other universities including Clark University, Worcester Polytechnic Institute, Becker College, Assumption College, and the Massachusetts College of Pharmacy and Heal Sciences that bring a lot of students and tourists to the town.

Additionally, the Worcester Art Museum has famous works by the likes of Rembrandt, Renoir, Gauguin, Kandinsky, and Jackson Pollock on display. The Higgins Armory Museum is an excellent example of Art Deco steel buildings and is the only museum in the Northern Hemisphere dedicated to arms and armor.

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