Process for a Personal Injury Claim as a Result of an Accident
April 4th, 2016
The following are the general steps our firm follows in processing a personal injury claim:
1. Evaluate the case to determine who is liable for the accident or injuries
2. Notify the responsible/liable parties of the existence of the claim
3. Provide notice to the appropriate insurance companies
4. Request medical bills and records form all hospitals, doctors, or treatment centers that have provided care to the injured person
5. In Massachusetts, if the injury happened as a result of a motor vehicle accident, we may be required to complete and submit an application to have the medical bills paid by the insurance company responsible for providing PIP (personal injury protection) benefits
6. If loss wages coverage is available, and the injured person has lost time from work, we will request documentation from the employer and submit a loss wage claim to the appropriate insurance company.
7. An important element of the process is that the client receives all of the medical treatment required. This may take a significant period of time.
8. Once all the medical treatment has been completed, we will obtain the medical/treatment records and submit a demand for compensation to the appropriate insurance company.
9. Negotiate a settlement with the insurance company and present a recommendation to our client on whether or not to accept or reject a settlement offer.
10. In the event that negotiations do not result in an acceptable settlement offer, we may take additional legal action in court or through arbitration in order to obtain compensation or resolve the claim.
11. Once there is an acceptable offer of settlement or a judgment, we prepare the necessary documents (release) to provide to the insurance company so that they may issue the compensation check.
Who can bring a personal injury claim as a result of a car accident in Massachusetts?
If you have sustained injuries in a car accident, whether you are the driver or a passenger, and the cost of the medical treatment is $2,000 or more, you are eligible to bring a claim for compensation for your injuries in Massachusetts. There are limitations under the law as to how long after the accident you can bring your claim (generally 3 years in Massachusetts, with certain exceptions). If you were the operator of one of the vehicles involved in the accident, you must also demonstrate that you were not at fault for the accident in order to obtain compensation for your injuries.