If your Massachusetts slip and fall, or trip and fall claim has been denied by an insurance company, you (if you are representing yourself pro se), or your Massachusetts lawyer may need to file a lawsuit. By filing a lawsuit, you have declared to the insurance company that you are willing to try your case. At that point, perception is quite important. You must give the perception to the insurance company that you are not going to settle your claim for anything less then fair value.

That is difficult because lawsuits are expensive. You have to pay the expenses of filing a Complaint with the court, serving the parties with the Complaint, conducting written discovery, depositions, and paying for trial experts. These expenses can reach into the thousands, and even tens of thousands.

But, if you are able to establish liability and damages during discovery, and you are willing to go the distance, and pay the expenses that come with that, the insurance company may present a fair and reasonable offer of settlement prior to trial. But, before that happens, you need to have money, boldness and patience if you expect to settle your slip and fall claim for fair value, prior to the time of trial.