Civil Litigation in Massachusetts
As human beings we are put into situations every day where potential for disagreements or injuries can result in varying forms. Where those circumstances cannot be resolved quickly and amicably, the civil court system provides an avenue through this justice can be pursued. There are many complexities to navigate within this system, ranging from the type of case to the size of the losses involved. Regardless of the type or size of your case our attorneys will pursue a resolution that preserves your best interests.
Claims of $7,000.00 and below within the Commonwealth of Massachusetts are almost entirely covered by the Small Claims process, unless the actions involves claims of slander and/or libel. However, there are two exceptions to the $7,000.00 limit, including any additional damages awarded that arise from a 93A action under Massachusetts General. Laws Chapter 93A or an Automobile Property Damage Claims. Click here to learn more...
Claims that are between $7,000.00 and $25,000 will be handled at the District Court level. This process is different than the Small Claims process, and is usually handled by an experienced attorney.
Claims that are above $25,000.00, are handled exclusively by the Superior Court. The Superior Court has a long list of procedures and guidelines to be followed and should be handled only by an experienced attorney.
What is the difference in the burden of proof between criminal and civil court?
The criminal system and the civil system have many differences. One large difference is the burden of proof. In the United States Criminal Justice System, the prosecutors have the burden to prove that a party is guilty beyond a reasonable doubt. In the United States civil process, the burden of proof is determined very differently, it requires that the plaintiff convince the trier of fact (whether judge or jury) of their entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action, in order to recover, and is not decided on the “beyond a reasonable doubt” standard, rather a 51% scale of more than likely.
Some of these rights are even constitutionally guaranteed under the seventh amendment.
Amendment 7 – Trial by Jury in Civil Cases
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States than according to the rules of the common law.
If you want to understand your results in any case that has affected you physically and/or financially, please reach out to us via the information below.