An Accident Occurs

What Should I Do First?

Immediately following an accident in Boston, MA, your energy and focus should be entirely on receiving the proper and necessary medical care.

When ready, it is important to get an attorney involved in order to facilitate the proper payment of medical bills; investigate insurance benefits; collect accident information, evidence, and witness statements; and handle any inquiries from insurance carriers or investigators.

Your Job After Hiring a Lawyer

After hiring a personal injury lawyer near you, your job is simply to focus 100% of your time and attention on your recovery. This means following the instructions of your medical providers and making the necessary appointments to achieve a full recovery.

Itʼs our job to manage the coordination of medical bills, keep insurance companies apprised of your recovery status, handle requests for statements from you, and otherwise prepare your file for a lawsuit.

The Settlement Process

What is a settlement?

Settlement is a voluntary process whereby an insurance carrier offers compensation in the form of money in order to avoid a lengthy lawsuit or trial. Insurers consider the extent of injuries, pain and suffering, the amount of medical bills, any lost wages, and any permanency when making an offer to settle. Insurers will also consider the extent to which their insurer is at fault in the accident.

Generally, it is not advisable to settle a trial case until a full recovery has been achieved. After accepting a settlement offer, the case is closed and cannot be reopened should additional injuries be discovered, or the severity of injuries increase.

After determining that a medical end result has been achieved and no more treatment is scheduled, Sweeney Merrigan Personal Injury Lawyers will begin putting together a “settlement package” for the insurance carrier.

How Long Will a Settlement Take?

In Boston, an insurance carrier will take 30 days to review a settlement demand before making an offer of settlement.

The decision to settle is the clientʼs decision alone – we will make recommendations – but our job is to educate you on the benefits and risks of accepting any offer.

Should the offer be accepted, the money is usually processed in two to four weeks. If an acceptable offer cannot be reached, the next step is to file a lawsuit and/or proceed to trial.

If A Lawsuit is Filed, Then What?

Submitting a Complaint

After the decision to file a lawsuit is made, your personal injury attorney will draft a Complaint, detailing the nature of the lawsuit and the underlying allegations that are being made against each defendant.

In Massachusetts, the lawsuit is filed when the court “dockets” the Complaint, which means receives and records the Complaint along with the appropriate filing fee. The filing of the lawsuit is the first step toward going to trial before a jury or a judge, who will decide the outcome of the case.

How Long Until a Lawsuit is Filed in Massachusetts?

It is important to know that every state has a “statute of limitations,” which defines the time period within which a lawsuit must be filed. The time period varies depending on the type of case; however, if that time period passes, the case will be forever barred. In Massachussetts, the staute of limitations is usually 3 years.

The Complaint will then be “served,” which means delivered to each defendant, who will then be required to file an “Answer” whereby the defendant admits or denies the allegations contained in the Complaint.

The Discovery Process

The discovery process is the period of time whereby each party has the opportunity to learn more about the adversaryʼs case.

Interrogatories

While there are a variety of tools the parties use, almost every case involves interrogatories, which are written questions the opposing party must answer, and depositions, which are formal interviews conducted by the lawyers in the case.

How Long Does The Discovery Process Last in Massachussetts?

In Boston, the discovery process can last many months to a year (or more), depending on the order of the court and complexity of the case.

Alternate Dispute Resolution

What is Alternative Dispute?

At any time throughout the case, but typically at the conclusion of discovery, the parties may voluntarily engage in alternative dispute resolution. Alternative dispute resolution is primarily seen in the form of mediation, arbitration, or negotiations.

Mediation

Mediation is a voluntary process in which both the clients and lawyers meet with a mediator, who is a trained professional charged with the job of facilitating meaningful and effective negotiations. Mediations can be as short as a half a day or multiple days. Mediations are non- binding, which means that if the parties do not reach an agreement, the case will proceed to trial in the manner it would have had the mediation never occurred.

Arbitration

Arbitration is also a voluntary process; however, the outcome of the arbitration is binding and cannot be challenge absent unusual circumstances. An arbitration functions similarly to a trial where the parties present evidence, testimony, and argument to a hired arbitrator who will make the final decision concerning the outcome of the case.

Direct Negotiations

Lastly, parties might engage in direct negotiations throughout the course of the case and sometimes even during the course of trial. Any offers to settle during negotiations do not constitute an admission of guilt or liability, but instead are efforts to compromise in order to avoid an unpredictable outcome with a jury.