The Insurance Settlement Process in Massachusetts

Overview of the Personal Injury Settlement Process

The personal injury insurance settlement process in Massachusetts follows a general sequence from accident through medical treatment, demand, negotiation, and resolution. Understanding this sequence helps accident victims make informed decisions at each stage rather than being surprised by the process. Attorney Jeffrey C. Lavey guides every client through every step of the settlement process and ensures that decisions are made at the right time with full information about the case value and the available options.

Stage One: Medical Treatment and Documentation

No personal injury claim should be evaluated or settled while treatment is ongoing. The value of a claim cannot be known until the full extent of the injuries, including any lasting limitations, is understood. This requires completing treatment, reaching maximum medical improvement, and obtaining any specialist evaluations needed to document permanent findings. Settling before treatment is complete almost always results in an inadequate recovery that does not account for future medical needs. Attorney Lavey advises every client to complete treatment before any settlement discussion begins.

Stage Two: The Demand Package

Once treatment is complete and all medical records and bills are gathered, Attorney Lavey prepares a comprehensive demand package: a detailed letter describing the accident, the liability of the at-fault party, the nature and extent of the injuries with supporting medical documentation, all economic damages including medical expenses and lost wages, and the full pain and suffering claim. This demand package is submitted to the at-fault driver’s insurance company, which opens the negotiation process. The quality and completeness of the demand package significantly affects the starting point of negotiations.

Stage Three: Negotiation

After reviewing the demand package, the insurance adjuster will typically respond with an offer that is lower than the demand. Negotiation proceeds through a series of exchanges in which Attorney Lavey responds to the adjuster’s justifications, presents additional documentation and argument supporting the demand, and works toward a number that reflects the full value of the claim. Insurance companies evaluate claims against the risk and cost of litigation, Attorney Lavey’s track record and willingness to take cases to trial affects the insurer’s settlement posture throughout this process.

Stage Four: Resolution or Litigation

If negotiation produces a settlement figure that reflects the full value of the claim, Attorney Lavey presents it to the client with a complete explanation of the settlement breakdown, including all liens and reimbursements, and the client decides whether to accept. If the insurance company refuses to offer fair value, the case proceeds to litigation: a complaint is filed, discovery is conducted, and the case is prepared for trial. Most cases settle before trial, but the serious preparation for trial is what produces fair settlement offers. Attorney Lavey takes every case as far as necessary to achieve fair compensation.

Frequently Asked Questions