Massachusetts Personal Injury and Workers' Compensation Law Blog
If your Massachusetts auto accident lawyer cannot settle your claim with the insurance company (the insurance company that insures the driver who injured you), your case may be tried before either a judge or a jury. The former is referred to as a "bench trial" and the latter is referred to as a "jury trial. " Of course, there is always the possibility of mediation or arbitration, if the parties can agree to participate in these forums.
Let us assume that your case goes to trial and you receive a judgment in your favor. That is great. But, there will be an offset for any PIP payments made to you by your insurance company. The other insurance company will be entitled to the PIP offset. Therefore, whatever you receive by way of judgment will be offset, or reduced, by any PIP payments paid to you by your insurance company.