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The Personal Injury Claims Settlement Process in Massachusetts


If you have been injured in an accident, whether through the negligent actions of another person or a defective product, you may be eligible to seek restitution. The process begins when you file a personal injury claim and concludes when you receive compensation. However, while every claim will follow the same basic path, no two injuries may be truly the same. Knowing what to expect can be critical to the success of your case and before attempting to negotiate with an insurance company, it is highly recommended to contact an attorney. Below, we have listed the main components of the personal injury claims process.

  1. Investigations: Once you file a claim, the insurance company you are seeking compensation from will assign an adjuster to investigate your case. The exact evidence that an adjuster may look for can vary depending on the type of accident. In a car accident claim, for example, an adjuster may be looking to see that the other driver did in fact act negligently and it was that specific negligent action that led to the accident. An adjuster will also typically look to verify that your injuries are consistent with the damages that you have reported. For this reason, keeping your own detailed records is important. Should a dispute or discrepancy arise, you will have the evidence you need to substantiate your claims.
  2. Settlements and negotiations: After an adjuster has reviewed the accident, applicable policies, and medical information, they will make an offer detailing what the insurance company is willing to pay for your injuries. If you do not agree that the amount offered will fully cover your damages, you can enter into negotiations. This is fairly common as adjusters may make initial offers anticipating that negotiations are likely to occur. It can also be in your best interest to wait until you better understand the true cost of your damages. Accepting a settlement too early can leave needed funds on the table.
  3. Accepting a claim or filing a Lawsuit: When the negotiation process is successful and both parties agree on the value of a claim, a settlement can be paid out. However, if discussions break down completely and an agreement simply cannot be reached, litigation may be the only path forward. If it is believed that an insurer has unlawfully denied, delayed, or undervalued a claim, you have the option of filing a lawsuit and your case will be settled in the courtroom.

While these steps represent the foundations of an injury claim, in practice, the process can be tremendously complex. Each stage can present its own challenges and when you are looking to maximize the strength of a claim, contact the Percy Law Group, PC. Our Bristol personal injury attorneys possess more than 20 years of legal experience and help you to navigate through the claims process from start to finish.

Call (508) 206-9900 or contact our attorneys online and tell us about the circumstances of your accident.

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