The Personal Injury Lawsuit Process in Massachusetts: From Injury to Trial

If you’ve been injured in Massachusetts due to someone else’s negligence, you may be wondering: What happens next? Understanding the personal injury lawsuit process is essential to protecting your rights and pursuing the compensation you deserve.

This step-by-step guide will walk you through what to expect—from the moment of injury to the potential of going to trial.

Step 1: Get Medical Attention Immediately

Your health is priority number one. Seek medical care as soon as possible after an crash, even if you don’t feel seriously injured. Some symptoms take time to appear, and early documentation can strengthen your claim.

Pro Tip: Keep a copy of every medical report, test result, and doctor’s note—these become vital evidence later.

Step 2: Report the Injury to the Proper Authority

Reporting the crash ensures there’s an official record. Depending on the type of injury, you should notify:

• Police (for car crashes)
• Property owner or manager (for slip and fall injuries)
• Your employer (for work-related injuries)

Failing to report an injury promptly can hurt your case later on.

Step 3: Gather and Preserve Evidence

Documenting your injury is a key part of a successful Massachusetts personal injury claim. You should:

• Take photos of the crash scene, injuries, and property damage
• Collect witness statements
• Keep medical records and receipts
• Track lost wages and daily disruptions to your life

The more evidence you preserve, the stronger your claim will be.

Step 4: Consult a Massachusetts Personal Injury Attorney

A qualified personal injury lawyer will help you navigate the legal process, deal with insurance companies, and make sure you meet important deadlines. Most offer free consultations and work on a contingency fee basis—meaning they only get paid if you win.

Looking for a trusted personal injury lawyer in Massachusetts? Contact us today to schedule your free case review.

Step 5: Investigation and Settlement Demand

Your attorney will conduct an in-depth investigation, review medical records, and assess liability. Once your treatment is complete or your condition stabilizes, your lawyer will prepare a settlement demand package that includes:

• Medical bills
• Lost income
• Pain and suffering
• Future care needs

This demand is submitted to the at-fault party’s insurance company to begin negotiations.

Step 6: Negotiation and Potential Settlement

Many personal injury claims in Massachusetts settle out of court. Slip and fall incidents are less likely to settle prior to a lawsuit than auto crash claims. Your lawyer will negotiate on your behalf to reach a fair settlement. If negotiations are successful, your case ends here.

If not, your attorney will move forward with filing a lawsuit.

Step 7: Filing a Personal Injury Lawsuit in Massachusetts

If settlement isn’t possible, your attorney will file a civil complaint in the appropriate Massachusetts court. This begins the litigation process, which includes:

A. Discovery Phase

Both sides exchange information through:

• Interrogatories (written questions)
• Requests for documents
• Depositions (sworn testimony)

B. Pre-Trial Motions

Attorneys may file motions to dismiss the case or limit what evidence is presented at trial.

C. Mediation or Settlement Conference

Courts may require the parties to attend mediation or a pre-trial conference to try and reach a resolution.

Step 8: Personal Injury Trial in Massachusetts

If your case doesn’t settle, it goes to trial. At trial, your lawyer may present evidence to a judge or jury, including, but not limited to:

• Witness testimony
• Expert opinions
• Medical records
• Financial impact
• Loss of Enjoyment of Life
• Permanent Injury
• Loss of Function

How Long Do Personal Injury Cases Take in Massachusetts?

The timeline varies based on the complexity of the case, the willingness to settle, and the court’s schedule. Some cases settle within months; others can take a year or more to go to trial.

What Is the Statute of Limitations for Personal Injury in Massachusetts?

In Massachusetts, you generally have three years from the date of the injury to file a personal injury lawsuit. Missing this deadline can permanently bar you from recovery.

Final Thoughts

Navigating a personal injury claim in Massachusetts can feel daunting, but the right legal team can make all the difference. From securing evidence to fighting for you in court, a skilled personal injury attorney will handle every step of the process so you can focus on healing.

Have you been injured in Massachusetts? Contact us today for a free consultation and let us help you get the compensation you deserve.