FastCounsel

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.

Detailed Answer

Under Massachusetts law, the timeline for resolving an auto accident injury claim varies based on the claim’s complexity, the insurer’s procedures, and whether you file a lawsuit. Below is a general framework:

1. Immediate Steps (0–30 days):
   • Seek prompt medical treatment and keep all records.
   • Notify your insurer—and the at-fault driver’s insurer—of the accident as soon as possible. Most policies require notice within 30 days.
   • File for Personal Injury Protection (PIP) benefits if covered. Under 211 CMR 68.05, insurers typically must pay PIP claims within 30 days after receiving proof of loss (211 CMR 68.05).
2. Investigation and Valuation (1–4 months):
   • The insurer investigates liability and your medical records.
   • They may take recorded statements, request authorization for medical records, and assess property damage.
   • Expect initial settlement offers within 2–4 months of filing your claim.
3. Negotiation Phase (3–12 months):
   • You and the insurer exchange settlement demands and counteroffers.
   • If negotiations stall, you may engage in alternative dispute resolution, such as mediation.
4. Filing a Lawsuit (after 3 years max):
   • If you cannot reach a settlement, you can file a complaint in Massachusetts Superior Court.
   • The statute of limitations for personal injury claims is three years from the accident date (M.G.L. c.260, §2A; link).
   • Expect pretrial discovery to take 6–12 months, then motions, possible trial, and judgment.
5. Trial and Appeal (1–3 years):
   • Trials usually occur 12–24 months after filing suit.
   • Either party can appeal within 30 days of judgment, extending resolution by months or years.

In total, a straightforward settlement might conclude in 6–12 months. Claims requiring litigation often take 1–3 years or longer if appealed.

Helpful Hints

• Document every medical visit, prescription, and out-of-pocket expense.
• Keep a detailed accident journal with dates, symptoms, and communications.
• Respond promptly to insurer requests to avoid delays.
• Consult an attorney before your statute of limitations expires (3 years under M.G.L. c.260, §2A).
• Consider mediation to speed up resolution and reduce costs.