Knowing how long it takes to settle a personal injury case is vital for anyone seeking compensation for their injury in Massachusetts. The length of time can fluctuate due to numerous factors, such as the severity of injuries sustained and case complexity. Other factors that affect this are ongoing negotiations with insurance companies (a third party). This can take weeks or months; no one can say.

If a case involves emotional damages, the settlement process is adversely affected. “Emotional damages such as a loss of consortium are just one of numerous factors that can affect a case,” says Attorney Charles R. Casartello of Pellegrini, Seeley, Ryan & Blakesley, P.C.. This is where consulting a lawyer with experience counts. They will ensure the case is handled as efficiently as possible and the compensation is received as soon as possible.

What Are the Stages of a Personal Injury Case?

If you have had injuries after the accident, your priority should be to seek medical attention immediately. The stages of a personal injury claim differ broadly based on the circumstances of the case, but they include the following:

• Collecting Evidence

After getting medical attention and recovering, collecting evidence is a diverse task. Witness statements, photographs of the incident, and police reports should be enough. If you are fit enough, also document your time in the hospital. If you are not fit enough, let someone else do it for you.

• Filing the Claim

Filing a personal injury case begins with submitting a demand complaint or letter to the party responsible for the accident. This letter can also be submitted to their insurer (usually a company). The letter addresses details; the damages sought, including medical expenses, pain and suffering, and lost wages for salary or wage workers. Demand letters are always thorough and accurate in their detail and filing, as it sets the pace for negotiations or litigation.

• Negotiating and Settlements

After filing, the other party usually tries to settle by offering a settlement fee. Negotiations then begin, with both parties looking to find common ground regarding the settlement figure. In this stage, both parties present evidence, review medical records, and engage in negotiating discussions. Many cases are usually resolved in this manner, but if a middle ground cannot be found, the case proceeds to court.

Factors That Affect the Length of Time Spent on the Case

Here are some intrinsic factors that affect the time it takes to resolve a case directly:

• Injury Severity

The extent and gravity of injuries in an accident have a direct impact on the timeline of a personal injury case. The more severe the injury, the longer the treatment time and the recovery time. Settlement discussions cannot be undertaken until the full scope of recovery and its costs are determined. This is done so that compensation is fair in terms of future medical expenses and damages.

• Liability Disputes

It is common to disagree over who was at fault for the incident. This also directly affects resolution. Establishing liability often comes after detailed investigations, legal arguments, and professional  testimony. When both parties are contesting fault and responsibility in the accident, the case will take longer to settle.

• Delay Tactics by the Insurance Company

It is not uncommon for insurance companies to delay payments when it comes to offering lower settlement fees pre-trial. This is because every insurance company wants to pay less than the usual fee. They will be looking to pressure claimants into accepting a much smaller settlement fee than the one provided by the court.

Delaying tactics include disputing evidence, requesting additional documents and evidence, and prolonging negotiations. Attorneys well-versed in personal injury claims know how to counter these tactics. After all, they have their clients’ best interests at heart at all times.

• Case Complexity

The complexity of a case simply refers to the number of people and circumstances of it. Cases involving numerous parties, extensive damages, and complicated medical injuries will surely take more time. These matters require exhaustive investigation, professional analysis where necessary, and drawn-out negotiations.

Conclusion

Understanding how long it can take to settle a personal injury case in Massachusetts is a wonderful skill. The more experience a person has in cases of this nature, the better they can determine the time it will take to settle the matter. Case complexity, delaying tactics by the insurance companies, and other factors contribute to more time on the case. With an attorney who has spent time with cases like this, you can have this time reduced drastically.