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  • John B. Kulevich

The Process: Civil case

Updated: May 22, 2023

Initial Consultation:

If you’ve been injured in any way and think you need an attorney, let’s talk! It’s completely free and totally confidential. This is where you can tell me how you got hurt and ask me questions. I will then give you an honest assessment of your case and explain the process to you. We can have this meeting in-person, on Zoom or FaceTime, over the phone, or by text or email. This is your opportunity to see if I would be a good fit to be your advocate. This is the start of the civil case process.


If you are concerned about the distance between my office and your home, don’t be! The practice of law (along with many other things) has changed since the pandemic. Many of my clients are completely comfortable without in-person meetings – we communicate exclusively by phone or video chat. My practice is also extremely mobile. I represent clients from all over Massachusetts, and can provide excellent representation regardless of your location.


Sometimes clients will want to have more than one meeting before choosing a lawyer. This is totally normal! The attorney-client relationship is an important one – take your time with it! I will never put pressure on you to hire me and I will never charge you for these consultations.


The Insurance Claim:

Generally, compensation for injuries is paid for by an insurance company which insures the at-fault party. I will maintain contact with the adjusters for the various applicable parts of the insurance policy that are relevant to your case. You will likely have more questions for me during this part of the process. I will keep you informed about my communications with the insurer and will strive to answer all of your questions. As much as possible I want you to be able to focus on getting the medical care you need to get back to where you were before the accident. After receiving your medical records and bills from the different providers who gave you medical care, I will send a demand letter to the insurer. This letter will summarize your injuries and medical care, the theory of liability including references to the relevant cases, statutes, and regulations, and will make a demand for compensation.


At this point, the insurer will evaluate your case from its perspective. However, it will consider the strength of your case in its evaluation, which is why a persuasive and detailed demand letter is very important. As a former Massachusetts Appeals Court law clerk, I understand the finer points of legal writing, and the value of logical and coherent arguments.


The insurer’s evaluation will give us a good idea of whether a settlement may be reached or whether we should discuss litigation.


Litigation:

A right to a trial by jury is guaranteed by both the Constitution of the United States (for federal cases), and the Massachusetts Declaration of Rights (for Massachusetts state court cases). The litigation process starts with the filing of a complaint in the proper court. It then proceeds to the discovery stage where written questions can be posed to each party, documents can be requested, and depositions can be taken. I have guided dozens of clients through this process. The culmination of the litigation process is a jury trial where we will have the opportunity to present your case to a jury. For your part, litigation will require your patience and cooperation – it is a marathon, not a sprint. We will work together throughout the process so you are well-prepared for your involvement, and understand our goals and strategy.



The Law Office of John B. Kulevich Boston, MA
The Law Office of John B. Kulevich



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