How to File a Personal Injury Claim

You can successfully navigate the complex process of filing a personal injury claim by working with a lawyer for personal injury in Boston. Some people consider filing a personal injury claim without the legal expertise of a lawyer. Obviously, this is not a good idea, as insurance companies are armed to the teeth with legal expertise and tactics to minimize payouts. Gathering evidence, understanding laws, and negotiating with the insurance company require the services of an experienced lawyer. You want maximum compensation, right? 

But here in Massachusetts, “comparative negligence” can reduce your compensation if the opposing party proves that you are partially at fault for the accident. So, play safe and hire a lawyer. Let’s begin with an understanding of the basic terms. 

Personal Injury

Personal injury is a legal term that encompasses a wide range of injuries sustained by an individual due to someone’s negligence, intentional tort (injury inflicted on purpose), or strict liability (injury without proof of negligence or intent, such as injury due to defective product). It includes physical injury and psychological and emotional distress.  

Negligence

Negligence is the failure to act with reasonable level of care. Negligence can occur due to an individual’s actions or inaction (when the person does not act dutifully). 

Damages

It is the monetary compensation you (the plaintiff) can seek by filing a personal injury lawsuit. The purpose of damages is to help you recover financially and emotionally. 

Statute of Limitations

It is the time within which you (the plaintiff) can initiate the legal proceedings against the defendant. In Massachusetts, you must file a personal injury lawsuit within three years from the date you were injured or you discovered the injury. 

Comparative Negligence

This legal doctrine determines the degree of fault in personal injury cases. If the actions of the plaintiff are partially responsible for the injuries, the doctrine reduces their compensation in proportion to the allocated fault. 

Settlement

Settlement is the agreement reached between the plaintiff and the defendant to resolve the matter without trial.

Steps to File a Personal Injury Claim

Seek Medical Attention

Seek immediate medical treatment. Depending on the severity of your injuries, you may have to visit a primary care clinic or emergency room. Some injuries, like concussions or internal injuries, are not immediately apparent. So, even if injuries do not appear to be serious, visit a medical professional for a thorough check-up and create medical records linking to the injuries. 

Consult with an Attorney

Hire an experienced lawyer for personal injury. After thoroughly evaluating your case, the lawyer explains your rights and assists you through the legal proceedings. The best lawyers for personal injury cases work on a contingency fee basis. So, you will pay only if you win the case. 

Gather Evidence 

Evidence determines how strong or weak your personal injury case is. A personal injury lawyer gathers as much information and pieces of evidence as possible to present a strong case. The lawyer:

• Visits the accident scene to take photos and videos of property damage, possible hazards, etc. 
• Obtains information (contact details) from the eyewitnesses.
• Secures medical records 
• Secures a copy of the police report
• Gathers employment records 

Determine the Value of Claim

The lawyer assesses how the injury financially and personally impacts you. The following factors are used to determine the value of your claim:

• Current and future medical bills
• Past lost wages
• Reduced earning capacity 
• Property damage 
• Physical pain, emotional distress, and psychological trauma
• Future pain and suffering due to long-term or permanent disabilities
• Loss of consortium
• Punitive damages
• Comparative negligence

File a Formal Demand Letter

This document consists of the complete details about the accident, injuries, the impact of injuries, and the compensation you seek. Your lawyer sends the formal demand letter to the insurance company of the party at fault. The following are the key components of this letter:

• A clear statement of intent
• Summary of the incident
• Injuries and medical treatment
• Economic damages
• Non-economic damages (Pain and Suffering, Loss of Consortium)
• Demand for compensation
• Closing statement (date for response, timeline for negotiations, openness to settlement discussion, readiness to pursue legal proceedings)

Consider Settlements

The defendant or their insurance company offers a sum of money, and you waive your right to pursue legal action. Usually, the initial offer is too low. So, you can present a counteroffer. Prepare for multiple rounds of negotiations. You have the option to accept or reject the offer.

File a Lawsuit

Filing a personal injury lawsuit involves several steps, including consulting a lawyer, preparing and filing a complaint, and serving the defendant. If the case isn’t dismissed, it proceeds to discovery, followed by potential settlement negotiations or trial. Litigation can be costly, time-consuming, and has no guaranteed outcome.

Trial

If settlement negotiations fail, your case proceeds to trial, where both parties present evidence and arguments before a judge or jury. The trial includes jury selection, opening statements, witness testimonies, and closing arguments. Ultimately, the jury or judge determines liability and awards compensation based on the evidence presented.

Collect Compensation 

Once the court rules in your favor, you can begin the process of collecting compensation. This may involve receiving a direct payment from the defendant or their insurance company. If the defendant fails to pay, your attorney can help enforce the judgment, which may include garnishing wages or seizing assets.