The Short Answer:
Personal injury claims in Massachusetts typically go through several key phases, including investigation, demand, litigation, mediation, settlement, and disbursement. The vast majority of cases settle before a trial is held, but if needed, a judge or jury of peers can decide your case in court. Learn more about the pros and cons of each option plus what to expect during the personal injury claim process.
Key Takeaways
- After an injury, file an official accident report by contacting law enforcement or the property manager.
- Seek medical care promptly to document your injuries.
- Consult a personal injury attorney to see if you have a case and determine what deadlines apply.
- A lawyer can investigate the accident, gather evidence, and submit a demand letter that opens insurance negotiations.
- If a settlement agreement can’t be reached, your lawyer will file a lawsuit by submitting a complaint with the appropriate court.
- Next, both parties engage in discovery to identify evidence and depose relevant witnesses.
- It’s typical for the parties to continue settlement negotiations through mediation before going to trial.
- Settlements may require you to accept less compensation, but most clients find that the process is faster and less stressful than going to court.
- Trials offer public justice and closure to your family, but there’s no guarantee on the outcome, and the defendant can appeal a decision in your favor.
1. Accident Report & Medical Care
After any type of accident or injury, whether it’s a car wreck, truck collision, or slip and fall, your first step is to file an official accident report and seek medical care for any obvious injuries.
For car accidents, notify law enforcement and your insurance company, and file an official accident report within 5 days as required under Massachusetts law. For falls, assaults, and workplace injuries, notify the on-duty manager, and have them fill out an incident report. Make sure to ask for a copy.
Next, visit the doctor or an urgent care center to document your injuries and connect them to the accident. Attend all follow-up appointments, and keep copies of all medical records, including test results, visit summaries, and bills.
2. Personal Injury Consultation
The next step is to consult a personal injury attorney. A lawyer can tell you if you have a case and explain what you need to do to protect your rights and establish a strong case. Your lawyer can get to work investigating the cause of the accident and gathering important evidence, including video footage, witness statements, and police reports.
What to Expect: Your lawyer will typically handle all communications with the defendant and the insurance company to protect you from aggressive tactics. Personal injury law firms like Jim Glaser Law offer free consultations, and there’s no upfront cost. You only pay if you win, so there’s nothing to lose.
3. Demand Letter & Negotiations
Once you reach maximum medical improvement or have a definitive medical outlook, your attorney will draft and send a demand letter to the insurance company. The demand package notifies the defendant of the legal issue and kickstarts the negotiation process. Your personal injury attorney will detail the facts of your case, the injuries/financial losses you experienced, and the compensation you’re seeking.
What to Expect: It’s normal for negotiations to often go back and forth. Don’t be surprised if the insurance company makes a lowball offer or tells you that the number is final. Your attorney will continue to make counteroffers based on the evidence in your case.
4. Litigation
If the insurance company refuses to offer a fair settlement, your attorney will file a lawsuit with the appropriate court. This involves drafting and submitting a legal document known as a complaint and serving the other party with copies of these documents. The defendant then has a limited amount of time to respond.
What to Expect: In Massachusetts, most personal injury cases must be filed within 3 years of the accident although time limits can vary. Your attorney must file a complaint within this deadline, or you could lose your right to sue.
5. Discovery
The next stage in a personal injury case involves exchanging information with the other party. Your attorney and the defendant’s representative may file requests for records and other documents. They will also conduct depositions to collect written statements from witnesses under oath.
What to Expect: Don’t be surprised if the process moves slowly. Discovery can take several months to a year or more depending on the complexity of the case and the parties involved.
6. Mediation
Often, before a case proceeds to trial, the parties will attempt mediation to reach a settlement. This can be a voluntary decision or something that the judge orders. Mediation is overseen by a neutral third-party who helps the parties reach an agreement but doesn’t make judgements about the facts of the case.
What to Expect: The majority of personal injury cases settle before or during litigation. Compared to a trial, the process saves time and money, and the results are generally confidential.
7. Trial
If a settlement hasn’t been reached, the case will proceed to trial. Before this happens, the parties can submit pre-trial motions. For example, the defendant may try to move the case to a different court or file a motion for summary judgement to get the case thrown out. Moving forward with a trial involves numerous steps.
- Jury selection
- Opening statements
- Presentation of evidence & witnesses
- Cross-examination
- Closing arguments
- Verdict or judgment
- Appeals by the losing party
8. Compensation & Disbursement
Even if you receive a verdict or judgment in your favor, your case still isn’t over. The final step involves collecting the money from the defendant and disbursing the funds. Once your attorney receives the payment, they will hold the money until any outstanding medical bills or medical liens are paid. They will take their fee from the settlement or award before the final amount is deposited in your account.
Advantages of Settling Your Claim vs. Going to Trial
According to the Department of Justice, only 5-10% of personal injury cases are resolved through a full trial that’s decided by a judge or jury. The vast majority of claims settle before a lawsuit is filed or before court proceedings are scheduled. Here are a few pros and cons of each route.
| Settlement | Trial | |
|---|---|---|
| Pros | -Predictable, pre-agreed settlement amount -Fast, less costly resolution -Full confidentiality | -Potential for a more substantial award -Public accountability and justice -Closure for victims and families |
| Cons | -Potential need to compromise -Compensation may be lower -No right to sue for future losses -The defendant avoids admitting fault | -Longer, more expensive process -No guarantees on the outcome -The defendant may file an appeal -Documents become public records |
As you can see, each option has its pros and cons. Your attorney can provide advice based on the specifics of your case and how much they believe your claim is worth.
Get Legal Guidance to Take the Next Step
While each personal injury case follows these basic steps, every claim is different. Some cases are more complex than others, or they may require a lengthier investigation. Others may settle quickly without significant conflict from the other party.
Whether you’re ready to take the first step or need a second opinion from a different personal injury lawyer, reach out to Jim Glaser Law today for a free consultation. We’ll be happy to explain the personal injury claims process in more detail. Our team serves clients across Massachusetts from our offices in Cambridge and Sharon.
