For anyone that has been involved with a Massachusetts personal injury claim, he or she knows that the process can be quite lengthy. Whether you had a car accident or any other type of accident, there are many different reasons as to why the claims process can be a very long one. Most legal processes take considerable time, and personal injury claims are no exception. Workers compensation cases in Massachusetts also take considerable time to resolve. Understanding why these claims can take so long can help one better understand the timelines involved. First, a claim cannot resolve until the claimant has completely finished his or her course of medical treatment. The reason for that is the insurance company that is involved wants to see how and to what extent the victim has recovered or not recovered from the injuries that are claimed.

Once the claimant has reached what is called maximum medical improvement or MMI, is generally when the claimant or the claimant’s personal injury attorney can begin to negotiate with the insurance company. After back and forth, more times than not, the claim can settle. However, sometimes, claims cannot settle the claim stage. When that occurs, the claim must be litigated in court. When claims are entered into litigation is when the process can be considerably lengthened. The primary reason is the defense lawyer hired to defend the case by the insurance company wants to bill for his or her time on the case. That means that the attorney is going to want to spend considerable time and effort defending the case on behalf of the insurance company. This happens frequently with slip & fall accident claims.

The defense attorney will want to take the deposition of the claimant, who is also referred to as the plaintiff during litigation. As well, the defense attorney will want to engage in written discovery involving interrogatories as well as request for production of documents. Sometimes, it is the defense attorney who is enthusiastic about settling the case. However, the plaintiff’s attorney may feel differently as to whether or not the case can settle if the offer on the table is not sufficiently reasonable.

Also, if the case that is in litigation needs to be tried in court before a judge and jury, that too can take considerable time. Some jury trials can be accomplished in a day or two, while others for more significant complex personal injury claims may take many weeks at trial. Very, very few cases, once a verdict is reached, are appealed. However, if an appeal is filed, that can cause the legal process to be extended even further and further out into the future. While there are numerous ways as to why personal injury claims take so long to settle, the proceeding factors are some of the more common factors. If you or someone you know needs the help of a Boston personal injury attorney, I encourage you to contact the Earley Law Group Injury Lawyers at 617-444-7777 today for your free no-obligation consultation.