Settling A Massachusetts Personal Injury Claim That Is In Litigation
If your Massachusetts personal injury claim has been denied by an insurance company, you (if you are representing yourself pro se), or your Massachusetts personal injury lawyer may need to file a lawsuit. By filing a lawsuit, you have declared to the insurance company that you are willing to try your case. At that point, perception is quite important. You must give the perception to the insurance company that you are not going to settle your claim.
That is difficult because lawsuits are expensive. You have to pay the expenses of filing a Complaint with the court, serving the parties with the Complaint, conducting written discovery, depositions, and paying for trial experts. These expenses can reach into the thousands.
But, if you are able to establish liability and damages during discovery, and you are willing to go the distance, and pay the expenses that come with that, the insurance company will probably present a fair and reasonable offer of settlement prior to trial. But, before that happens, you need to have money, boldness and patience if you expect to settle your injury claim prior to trial for a fair sum.