Riccio Law Mission Statement:
Riccio Law is a Massachusetts Personal Injury & Criminal Defense Law Firm dedicated to providing high-quality representation and advocacy for those that have been injured in an accident due to another’s negligence and individuals who are the subject of a criminal investigation or have been arrested or charged with a crime in Massachusetts state or federal court. At Riccio Law, we approach each case
with the goal of obtaining the best outcome possible for our clients whether in the courtroom or at the negotiating table.
Why Riccio Law Is The Right Choice:
We offer experienced and dedicated representation for our clients whether it's litigating in the courtroom or negotiating a plea deal/settlement. With extensive trial experience and a deliberate and honest approach to negotiations, Riccio Law gets results for their clients.
Why Riccio Law Is Different:
Riccio Law prepares every case as if it is going to trial. Whether representing a plaintiff on a Massachusetts personal injury lawsuit or a defendant on criminal charges in state or federal court, we use our past experiences in District Attorneys’ offices and at a personal injury defense firm in Boston to assist in our case analysis and determining the strengths and weaknesses on both sides. At Riccio Law, our goal is to win, not settle.
Choosing an Attorney In Attleboro & Quincy, MA
The legal system can be stressful and overwhelming, so it is important to find the right attorney for your case. Riccio Law provides trusted, competent, and dependable counsel for criminal defense and personal injury matters. Learn more about why clients trust their cases to our Massachusetts Criminal Defense and Personal Injury Firm.
Looking for Attorneys in Attleboro to handle your Personal Injury & Criminal cases? Contact us at (508) 226-4500
STAGES OF A PERSONAL INJURY CASE
1.Accident / Injury Occurs
First and foremost, you should immediately seek medical care for any injuries you sustained in the accident. You should follow any recommendations for follow-up doctor’s appointments and treatment. Your health and well-being are more important than the need to immediately contact a personal injury attorney, start a claim, or file a lawsuit. Generally, the statute of limitations for filing a personal injury claim is 3 years from the date of the accident.
2.Contact Personal Injury Attorney
While it is important to get immediate treatment for your injuries, you should schedule a consultation with an experienced personal injury attorney as soon as you are healthy enough to do so. When hiring a personal injury lawyer, you should select one who is experienced in handling the type of personal injury claim you are facing (i.e.., motor vehicle accident; slip-and-fall; dog bite). In addition to an attorney’s experience, you must be comfortable with the lawyer you hire and feel you can trust his/her judgment. Once you hire an attorney, he or she will handle all aspects of your claim while you focus on treating and recovering from your injuries, including doctor’s appointments, physical therapy, and occupational therapy. Your personal injury attorney will negotiate the payment of medical bills, if available, pursue potential insurance benefits, investigate the accident, gather evidence, and handle all communications with the insurance companies and opposing counsel.
3.Pre-Lawsuit Settlement Discussions
Prior to filing a lawsuit, your attorney will likely engage in pre-suit settlement negotiations with the opposing side. Meaningful settlement talks usually do not begin until you have completed or nearly completed all treatment for your injuries and recovered to the fullest extent possible. It is difficult to assess the true value of a personal injury claim without a complete picture of one’s injuries, medical bills, the recovery process, including pain and suffering, and whether there are any permanent injuries or physical limitations. Your attorney might make a pre-suit settlement demand and the insurance carrier will review the demand and respond with an offer of settlement. Once an offer is received, your attorney will discuss the terms with you and recommend whether or not to settle. However, it is your decision, as the client, whether or not to accept any settlement offer. You can consider making a counteroffer and continuing any settlement negotiations. While some discovery may be exchanged during the pre-suit stage, the discovery process will be explored in greater detail after the filing of a lawsuit. An experienced personal injury attorney will remain aware of the statute of limitations and be sure to file suit prior to the deadline if a pre-suit settlement appears unlikely.
4.Initiate Lawsuit / File Complaint
If you are unable to come to a settlement agreement prior to the filing of a lawsuit, your lawyer will initiate a lawsuit by serving the opposing party with a Civil Complaint and filing the Complaint with the Clerk’s Office of the appropriate court, often in superior court. Once the Complaint is served and filed with the Clerk’s Office, it is officially a civil matter subject to the respective court’s procedures and rules of civil procedure. After the filing of the Complaint, the defendant(s) are required to file an Answer to the Complaint, which may include any potential defenses and counterclaims.
5.Pretrial Stages: Discovery & Motions
During the pretrial stages, discovery and potential evidence is exchanged between the parties. A significant portion of the discovery focuses on medical records detailing the plaintiff’s injuries and medical treatment pre & post-accident. Not all discovery is voluntarily provided and both parties can make demands for discovery through interrogatories and requests for productions of documents. Any discovery that is not provided voluntarily or by agreement will be addressed by a judge who will make rulings as to whether the discovery in question must be provided. Additionally, witness statements can be obtained by affidavits or conducting depositions. Depositions may be conducted in-person at an attorney’s office or remotely via video. Lawyers on both sides may also file motions with the court to be argued before the judge, including but not limited to motions for summary judgment. During the pretrial stages, settlement negotiations may continue to take place between the plaintiff and defendant(s). If the parties cannot settle after discovery is complete and all motions have been ruled on, they can attempt to resolve the case through alternative dispute resolution.
6.Alternative Dispute Resolution: Mediation & Arbitration
Alternative Dispute Resolution (“ADR”) usually takes place as a last attempt at settlement prior to trial and is usually conducted in one of two ways: mediation or arbitration. a)Mediation: In mediation, the lawyers and clients meet with a mediator whose job is to help facilitate effective discussions with the goal of reaching a settlement agreement. However, mediation is non-binding therefore the parties must come to a mutual agreement to avoid trial. b)Arbitration: Arbitration is essentially a “mini trial” where both sides are permitted to introduce witness testimony, evidence, medical records, etc. Lawyers for the parties make argument and a decision is made by an arbitrator. The arbitrator’s decision is binding and may only be challenged in special situations.
7.Trial
Statistically, less than 5% of all civil cases go to trial in Massachusetts. However, if no settlement is reached, the case proceeds to trial. In most circumstances, the case will proceed as a jury trial but a bench trial (trial before a judge, not jury) is allowed. During trial, both parties are permitted to introduce witness testimony, medical records, as well as other documents and exhibits subject to the rules of evidence. The length of a trial depends on a number of factors, including the amount of evidence and complexity of the case, as well as the number of live witnesses and whether it is a jury or bench trial. While a jury or bench trial verdict is final and binding, the losing party has the right to review the verdict and determine whether they have any potential arguments for an appeal.
8.Appeal
There are a number of factors to review before concluding whether there are grounds to appeal. It is a matter to be discussed with your lawyer at the conclusion of trial, if necessary. On the other hand, if you win at trial the defendant may also consider reviewing the verdict and/or judgment amount. Appeals can be a timely and complicated process. Generally, in superior court a Notice of Appeal must be filed within thirty (30) days of the entry of the final judgment or final order.
