How Long Do Personal Injury Cases Take to Resolve in Boston?

If you have been injured in an accident in Boston and are considering pursuing a personal injury claim, one of the first questions that comes to mind is, “How long will this take?” The timeline for resolving personal injury cases in Boston can be significantly influenced by the complexity of the case, the parties involved, and even the local court system’s schedule. But, with a better understanding of how these cases typically unfold in Boston, you’ll be better prepared for the road ahead. 

The General Timeline of a Personal Injury Case in Boston

While every case is unique, personal injury cases tend to follow a similar process in Boston. For guidance through this process, consulting a local expert like Boston injury lawyer M. D. Kelly can be crucial. Here’s a breakdown of what you can generally expect:

1. Initial Medical Treatment and Consultation (A few weeks to a few months)

After an accident, your priority should always be medical treatment. In Boston, with its numerous world-class hospitals, you’ll be in good hands. Once you’ve received appropriate care and your condition has stabilized, you’ll need to consult with a personal injury attorney who understands Massachusetts laws. This first stage is all about ensuring your health and gathering initial evidence for your case.

2. Investigation and Filing the Claim (1-3 months)

Once you’ve chosen an attorney, they’ll begin gathering essential documents: medical records, police reports, witness statements, and other evidence to build your case. This can take a couple of months, especially if you need to request information from local authorities. Once everything is ready, your attorney will file a claim with the at-fault party’s insurance company, which kicks off the legal process.

3. Settlement Negotiations (6-18 months)

Your attorney will negotiate with the at-fault party’s insurance company, and this can take anywhere from a few months to over a year, depending on the complexity of the case. In Boston, factors like the severity of the injury, liability disputes, or dealing with a large entity (like a transportation company in the event of a city bus accident) can slow negotiations down.

4. Filing a Lawsuit and Discovery (1-2 years)

After the lawsuit is filed, both sides enter the discovery phase, where they exchange evidence, depose witnesses, and gather expert testimonies. This can add another year or two to the process, especially if multiple parties are involved, or if expert witnesses from Boston’s medical or technical fields are needed.

5. Going to Trial (2-3 years or more)

If the case goes to trial, it could take several years before it reaches a courtroom, particularly in Boston, where courts can be busy, and delays are common. If the case goes to trial, expect additional delays due to the court’s schedule and possible appeals. It’s also worth noting that if you’re in Boston, having an attorney familiar with the court system can help navigate this process more efficiently.

Factors That Affect the Duration of Personal Injury Cases in Boston

Several factors can speed up or slow down the resolution of your personal injury case. Some of the most important considerations in Boston include:

Severity of Injuries

Severe injuries, such as those from a car accident on the I-93 or a pedestrian accident in Boston’s busy downtown streets, often take longer to resolve because it may take time to fully understand the long-term medical implications. You’ll want to wait until you reach “maximum medical improvement” before settling, which can take months or even years.

Liability Disputes

In some Boston cases, liability is clear. But in other situations, particularly those involving public transportation, bicycles, or rideshare companies like Uber or Lyft, determining who’s responsible can be a complex and drawn-out process.

Insurance Company Tactics

While most insurers operate in good faith, some may use delay tactics to push you into accepting a lower settlement offer. They might drag their feet hoping you’ll settle for less, especially if you’re dealing with mounting medical bills from a hospital like Beth Israel Deaconess or lost wages from time off work.

Local Court Delays

Boston’s court system is often busy, and the schedules of the Suffolk County courts can delay a case significantly. Even if your case seems straightforward, it could take months or even years to get a court date, especially if the courts are dealing with backlogs of cases.

Discovery and Expert Witnesses

In more complex cases your attorney may need to bring in expert witnesses from Boston’s medical community or use accident reconstruction specialists. Scheduling and gathering these experts’ testimonies can take time, further stretching out the discovery process.

Prepare for the Journey Ahead

Regularly communicate with your attorney and make sure you understand what’s happening at each stage of your case. At the same time, your health should always be your top priority while your case progresses.