If you were hurt in a car accident in Massachusetts, one of the first questions you may be asking is if you’ll have to go to court. Fortunately, most car accident cases are resolved before this happens.
Understanding how car accident claims work and when you actually need to go to court is crucial. Here’s what to know.
How Car Accident Claims Work in Massachusetts
Massachusetts is a no-fault insurance state, which means your own auto insurance policy should pay regardless of who caused the accident.
Here’s how the process generally works:
- Your Personal Injury Protection (PIP) coverage takes care of medical bills and lost wages
- If your injuries are more expensive than your coverage can handle, you may be able to file an insurance claim against the at-fault driver.
- You can work with the insurance company to get a settlement that covers the remainder of your bills.
When You Might Have to Go to Court
In some instances, a lawsuit might be the only way to get the compensation you deserve. This could the be case if your injuries meet Massachusetts’ serious injury threshold. This includes permanent injury, disfigurement, broken bones, and medical expenses over $2,000.
Or, if the insurance company disputes who caused the accident or tries to say you were at fault for the collision, you may need to sue to prove fault. Another reason you might want to file a lawsuit is if your claim is denied or undervalued. Many insurers try to minimize or deny claims to avoid payouts, leaving you with only one option to get fair compensation.
Finally, if your damages exceed maximum policy limits, a judge may need to order the at-fault party to pay.
What “Going to Court” Actually Means
Many people assume that “going to court” automatically means a trial. In reality, there are several steps that happen first. .
If you do file a lawsuit, the first thing you’ll go through is the process of discovery. This means your lawyers and those representing the other side exchange evidence and other key information.
Then, involved parties must be deposed, meaning they provide a sworn testimony and answer questions asked by attorneys. However, this occurs in a law office and not a courtroom.
After all evidence is exchanged and depositions have been completed, you’ll go through mediation or settlement conferences. Only if you cannot reach an agreement would your case go to court.
What Happens If Your Case Goes to Trial
If a case does go to trial, your attorney handles nearly every aspect of the process. You may be asked to testify about the accident and your injuries, but your lawyers will help you prepare for questioning.
During the trial, both sides are able to present their case and provide evidence to support it. In some cases, victims may be awarded higher compensation this way. However, going to court is a long process and involves a lot of uncertainty about the final outcome.
How a Massachusetts Car Accident Attorney Can Help
You don’t have to wait until your only option is to file a lawsuit before hiring a Massachusetts car accident attorney. An experienced lawyer can also help you handle communication with insurance companies, gather evidence, and advise you on what steps to take to protect your rights and best interests.
Having legal representation significantly increases the likelihood of resolving your case without trial and achieving a better outcome.
Were You Injured in a Car Accident? Contact Mazow | McCullough, PC Today
If you or someone you love were hurt in a car crash, you don’t have to navigate the process alone. At Mazow | McCullough, PC, our compassionate legal team is here to provide you with the guidance and legal advocacy you need to recover the full and fair compensation you deserve.
Contact us today by calling (978) 744-8000 or toll-free at (855) 693-9084. You can reach us 24 hours a day, 7 days a week.
Robert E. Mazow, Partner
Rob Mazow is a founding partner of Mazow | McCullough, PC, where he represents injured victims and their families. As a former Assistant District Attorney in Essex County, Rob has tried over 100 jury cases. Unhappy with representing “big business,” he left a large Boston firm in 2003 and dedicated his new practice to holding wrongdoers accountable. Rob has recovered millions for families and has led impactful class actions protecting Massachusetts consumers. He tells his clients, “I can’t guarantee you a result. But what I can promise is that nobody will fight harder to get you the best result possible.”
