What’s the Timeline of a Boston Personal Injury Lawsuit? 

Filing a lawsuit in a Boston court requires careful attention to details and procedural steps. Even when everything is done perfectly, the timeline for a Boston personal injury lawsuit can range from weeks to years. Most of the time, you can expect a personal injury lawsuit to take about 6 months to a full year from start to finish.

Working with a Boston personal injury attorney from The Cashman Law Firm may help speed up this process by simply reducing the risk of delays due to errors or omissions. Most of the time, after a discovery phase, insurance companies will settle the matter. Settling could lead to a shorter overall timeline.

What the Timeline for a Personal Injury Lawsuit in Boston Is Likely to Include

There are several factors to consider when getting a better idea of what the personal injury lawsuit timeline is likely to be. The complexity of the case, the number of parties involved, and other elements can play a direct role in this process. Here is what you can expect in many situations.

The First Six Months After Filing a Personal Injury Lawsuit

Once a party files a personal injury lawsuit, the first several months, often up to six months, are dedicated to medical recovery. This also includes time for initial research to be conducted. Note that the statute of limitations in Massachusetts is three years for most types of personal injury. That means you have up to three years from the date of the incident to take legal action.

Various steps take place during these first six months:

• Your attorney will conduct a study of the accident. This will include documenting evidence, verifying witness statements, gathering data from all involved parties, and otherwise capturing every detail possible about the incident.
• Your attorney will also review your medical records and speak to doctors and medical experts about your injuries, any additional care needs you may have, and the long-term prognosis of recovery.

In most situations, these steps must happen prior to a lawsuit being filed. Without this information, it is difficult to know who to file a lawsuit against or what is owed in the incident.

Once a Lawsuit Is Filed

After a lawsuit is filed, the court has 30 to 60 days to serve a summons to the defendant. The court will alert the person or people you name in the lawsuit of the pending legal action against them.

The defendant then has 30 days to obtain an attorney and file a response to the summons. During that timeline, the defendant must determine if they plan to go forward with the lawsuit or if they will settle with the party that suffered the injury. It is not uncommon for the defense to ask for more time, such as an additional 15-day grace period, which pushes back the timeline a bit more.

In some situations, your Boston personal injury attorney will use this time to seek out a settlement. However, this should not happen until you reach your maximum medical improvement. Otherwise, you do not know what you will continue to suffer from over the long term. That directly impacts the value of your case.

Within 60 days from the date of the lawsuit being filed, both parties will need to send interrogatories to the other. They demand the other party to answer this set of questions. This is part of the discovery process, a legal process that enables all parties to obtain all available evidence they need to prove their side of the story. These questions can be thorough, and you, as the responding party, must complete them accurately, or you could face perjury charges. The defendant will do the same.

Most often, there is a 35-day response period during which the other party must respond to the interrogatories. There are some situations where it can take longer, especially if either party gets granted an extension or one party decides not to provide answers. The court can demand it and apply sanctions on those not fulfilling this requirement.

The Next 12 Months to 18 Months

Many people filing a personal injury lawsuit do not want to think about the case going this long, but it is very common for that to occur. During the next year or so, the defense will examine the information, contact and verify all of the data in the case, and then determine what their next step is.

After the first three months, it is quite common for oral depositions to take place. This is a set of questions that each party will answer from the other in person. This is much like a trial experience, though it is not as formal nor as in-depth. You will need to complete the oral depositions accurately. Your attorney will guide you through that process. Witnesses who may be key players in the case could be called on to provide additional information.

After this discovery process, the at-fault party is likely to take action. They may see that there is ample evidence to support your claim and then negotiate compensation for you. If negotiations do not work, then the case can go to trial. The trial can also last another six months or longer, depending on the situation.

Prior to the case going to trial, it is likely that mediation will take place. Mediations occur when both parties work with a third party to try to come to an agreement. This process helps to speed up the case by avoiding court. The complexity of going to trial often is enough for insurance companies and other at-fault parties to make the decision to settle. This happens on a case-by-case basis.

Seek the Help of a Boston Personal Injury Lawyer

Those who are facing the prospect of filing a claim should seek the guidance of a skilled and experienced Boston personal injury lawyer. At The Cashman Law Firm, our team ensures you know exactly what to expect at every step of the process. Contact us for a free case evaluation.