When Does a Personal Injury Case Become a Lawsuit in Massachusetts?
Most Massachusetts personal injury lawsuit claims resolve through negotiation with insurance companies without ever filing a lawsuit. However, when an insurer refuses to offer fair compensation, filing a lawsuit becomes necessary. Understanding the process helps you know what to expect.
Step 1: Free Consultation and Case Evaluation
The process begins with a free consultation. Your attorney evaluates the facts, evidence, injuries, and likely case value. Under a contingency fee agreement, you pay no fees upfront – the attorney is compensated only if you win.
Step 2: Investigation and Demand
Your attorney gathers medical records, documents losses, consults with experts, and builds the strongest possible case. Once injuries stabilize, a demand letter is sent to the at-fault party’s insurer. Many cases settle at this stage without filing a lawsuit.
Step 3: Filing the Complaint and Discovery
If settlement fails, your attorney files a Complaint in the appropriate Massachusetts court. The defendant is served and has 20 days to respond. Discovery – the formal evidence-gathering phase – then begins, including written questions, document exchanges, and depositions. This phase typically takes six months to a year or more in complex cases.
Step 4: Mediation and Trial
Many Massachusetts courts encourage mediation before trial. A significant percentage of cases resolve through mediation. If no settlement is reached, the case proceeds to trial where both sides present evidence to a jury or judge who decides liability and damages. Having an attorney willing and prepared to go to trial is critical – insurers pay fairer settlements when they know your lawyer will fight to the end. Contact Larson Law for a free consultation.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.