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How to Negotiate a Settlement Following a Serious Personal Injury (Part A)

After a serious accident in Massachusetts, many victims choose to file a Massachusetts personal injury lawsuit to help them recover the funds they need to pay their medical bills, make up lost time from work, and other expenses related to their accident.

Though it may come as a surprise, most Massachusetts personal injury lawsuits are settled before a trial even begins. The negotiation process can seen frustrating, but by being prepared and knowing exactly what to ask for, you can greatly increase the chances of a successful outcome.

Determining if Your Settlement Offer is Fair

After a serious accident, the insurance company of the person that caused the accident may offer you a settlement. You should never accept a settlement offer without consulting with an experienced Massachusetts personal injury attorney who can help you determine if that amount is enough to cover all of your accident-related expenses including:

  • Your immediate medical bills
  • Future medical expenses related to your accident injuries
  • Non-economic factors such as pain and suffering, as well as quality of life issues
  • Lost wages from missing work
  • Your future earning capacity (if your accident injuries affect your career or ability to work)


If the original offer is not satisfactory, your Massachusetts personal injury attorney will work with you to determine the amount of compensation you actually require and will make a counter-settlement offer to the insurance company or defendant.

Beginning the Settlement Negotiation Process

If the insurance company or defendant makes a counter-offer that is still too low, you'll need to consider the larger implications that could affect the outcome of a Massachusetts personal injury lawsuit including:

  • The defendant's insurance coverage
  • The minimum amount of compensation you are willing to accept for your injuries
  • The financial resources of the defendant
  • How much of your compensation will go to attorney fees
  • How the amount of your settlement will affect your income taxes
  • Your ultimate goal in filing a personal injury lawsuit


You and your personal injury lawyer will discuss these issues in relation to your specific accident case to determine whether you should continue negotiating a settlement or prepare your personal injury claim for court.

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Massachusetts personal injury lawyer, Thomas M. Kiley, is a member of the Massachusetts Bar Association and is a respected member of the American Association for Justice and the Massachusetts Academy of Trial Attorneys.

The personal injury attorneys at the Law Office of Kiley Law Group are dedicated to helping the victims of:

We Serve Clients Across the State of Massachusetts
The firm's headquarters are in Andover, MA and serves the following cities in Massachusetts: Boston, Danvers, Haverhill, Lawrence, Lowell, Methuen, Middleton, Reading, and Salem, MA and Salem, New Hampshire.

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Kiley Law Group
342 North Main Street
P.O. Box 3040
Andover, MA 01810
Phone: 978-474-8670
Fax: 978.474.8946
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