Detailed Answer
When you sue for personal injury in Massachusetts and seek compensation for lost wages, the total time from filing to resolution typically ranges from 6 months to 2 years. Several stages affect this timeline:
1. Statute of Limitations
Under Massachusetts law, you must file a personal injury lawsuit within three years of the injury date. See M.G.L. c.260 §2A. Missing this deadline usually bars your right to recover any damages, including lost wages.
2. Investigation and Demand
After you hire an attorney, they gather medical records, employment records and pay stubs to document wage loss. Your attorney sends a demand letter to the insurer, outlining liability and a settlement figure. This phase can last 2–6 months, depending on how quickly providers and employers respond.
3. Negotiations
The insurer reviews your demand and often counters. Multiple rounds of negotiation can take 3–9 months. If liability or wage documentation is contested, this stage may extend further.
4. Filing and Discovery
If you cannot reach a settlement, your lawyer files suit in Superior Court. Both sides exchange written questions (interrogatories) and documents, and take depositions. Discovery typically takes 6–12 months in Massachusetts courts.
5. Mediation or Trial
Courts often require mediation before trial. If mediation fails, the case proceeds to trial, which can add 6–12 months or more, based on court schedules and complexity. Trials may last days to weeks.
6. Final Resolution
After trial, either side can appeal, further extending the timeline by months or years. Most cases settle before trial, avoiding appeals.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific circumstances.
Helpful Hints
- Start gathering wage records early: pay stubs, tax returns and proof of missed work.
- Stay under medical care until your condition stabilizes—insurers want complete treatment records.
- Keep a damage diary: record missed hours, reduced shifts and out-of-pocket expenses.
- Understand your rights under M.G.L. c.260 §2A to avoid missing the filing deadline.
- Ask your attorney about mediation—it often speeds up resolution and lowers costs.