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Personal Injury Settlement Process

Boston, Massachusetts Firm Navigates the Personal Injury Settlement Process

When you have been in an accident, many insurance companies will want to settle quickly. They may make a fast offer and even impose a short deadline. Studies have shown that clients net far more from a personal injury settlement with a lawyer than without one. That means that even after deducting for the lawyer’s fees, the client is far better off than if he/she were to resolve the case him/herself. Given these circumstances, it is in your best interests to have a qualified and experienced attorney evaluate your settlement options. The team at Feinberg & Alban, P.C. has more than 150 years combined experience negotiating with attorneys, insurance companies, employers and medical organizations. A settlement could happen any time during the negotiations/lawsuit process so we pursue your claim for compensation aggressively throughout.

Negotiated settlements vs. lawsuits: what you need to know

If you’ve been injured in an accident, you may be fearful of the procedures that lie ahead. Your first instinct may be to think that your case will be tried in front of a jury. After all, television shows based on “legal drama” invariably show a courtroom. However, many clients have received sizable payments without ever stepping into a courtroom. Cases get settled around a negotiation table without the parties ever seeing a judge or jury. Mediation is especially prevalent and while statistics are hard to come by, Feinberg & Alban, P.C. has seen many of its cases resolve in that forum.  Even though a settlement may not mean a court battle, there are many stages of the process for which you will need a lawyer to advocate on your behalf and to negotiate effectively. The stakes are high as many cases are resolved for very substantial sums well before trial. 

Dealing with insurance companies after a vehicle accident

An aggressive insurance company may approach you directly to resolve your case. While the company’s offer may seem tempting, it might not be in your best interests to take the initial offer. Without realizing it, at this point you have entered into a negotiation and, if you sign anything, a settlement. Before signing off on anything (including endorsing a check), we advise you to contact a seasoned settlement attorney and request an assessment. The settlement you’re being offered may be incomplete or incorrect. Most of all, it may not do justice to your injury because of the following:

  • You may have ongoing medical issues as a result of your accident, and settling immediately may mean prematurely accepting inadequate or incomplete compensation.
  • There may be additional defendants, such as an employer of the at-fault party.
  • There may be additional insurance coverage, such as an excess or umbrella policy.
  • Facts may develop in such a way to reveal entirely new defendants, not even simply an employer of someone who caused an accident.
  • There may be medical or other types of liens which must be considered and resolved prior to any settlement. 

Following the steps to a settlement agreement

  1. Your first step, of course, is to get medical attention. Much of the rest can be handled by the attorney with input, of course, from you. For example, you should make a diary of how you are feeling so that when you are asked about your injuries several months down the road or even year(s) later, you will be able to refresh your recollection. 
  2. You should document everything: get names and addresses of all parties as well as their insurance information, and take pictures. You may need this documentation later to refute claims by the insurance companies or other parties. It may also become part of the public record if you file suit later. Of course, get the names of any witnesses. In a premises liability accident, have an expansive view of who might be a witness. For example, a person who is familiar with the landowner’s longstanding pattern of snow removal could provide very useful information on the inadequacy of what was done at the relevant time.
  3. Depending on the circumstances, the insurance company may approach you with a settlement offer immediately. Assuming that you do not accept the settlement and retain a lawyer, the approach will be different. After sitting down with your lawyer, a letter of representation will be sent to the relevant entities.  Your lawyer may take the next step by filing a formal complaint in the court system or may defer taking that approach until a more favorable time in the process.
  4. At virtually any stage of the process, the claims representatives or defense attorneys may make a settlement offer. Perhaps they will propose mediation. It is always advisable to have an experienced attorney evaluate any approach that is made by the other side.

Injured in Boston? Contact a well-respected and experienced legal team to negotiate on your behalf

Whether you’ve been offered a settlement after a roadside accident, an on-the-job injury, medical malpractice or construction-related injuries, your best approach is to retain professional counsel, and at the earliest stage possible. The reasons for being represented earlier rather than later are numerous: witness testimony can be preserved, photographs taken, insurance coverage ascertained, and so on. At Feinberg & Alban, P.C., we have more than 150 years of combined experience in personal injury law. We know that every time we get compensation for a client we help them along the path to recovery. Call us today at 617-232-5950 or contact us online to make an appointment for a free consultation.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • "Robert was so accommodating to the special circumstances of our case and our family.He came to our home for meetings,for our convenience. He kept us informed and prepared for all stages of the process. He was always reachable and responsive. Robert worked tireless for us and towards the best possible outcome. Our case was recently settled for what Robert anticipated. I cannot imagine a more positive experience. I would choose Robert all over again."

  • "Colleen Santora was very attentive to my needs throughout the duration of my cases. Additionally, she was very effective in communicating with me regarding any issues that came up or any questions that I had. I felt that Colleen was truly on my side, and this greatly decreased the level of stress that I felt during the duration of my cases. I am very happy with the results that Colleen was able to achieve for me, and I highly recommend her for those seeking legal counsel in the Boston area."

  • "Robert Feinberg and Colleen Santora represented me in a case that lasted almost four years. They showed consistently superior professionalism, skill, and knowledge throughout the process, and worked tirelessly with persistence and patience to achieve an excellent settlement. Moreover, they placed a high degree of importance on ethical behavior and honest communication. I recommend them and the firm unequivocally."

  • "My Family contacted Feinberg & Alban after my mother was seriously injured in a motorcycle accident. She suffered a life threating brain hemorrhage, a broken neck, and will be affected by traumatic brain injury symptoms for the rest of her life. Thanks to the efforts of Robert and his team my mother was accepted as a patient by the best neurological doctors and health care professionals in the state of Massachusetts. Ultimately Robert was able to negotiate a very favorable settlement for my mother. I would highly recommend Feinberg & Alban to anyone with a personal injury case."

  • "So glad that Feinberg & Alban were recommended to me after I was injured in a car accident. I'd never been in an accident before, didn't know what to do, didn't know how to deal with the insurance companies, didn't know what to expect with the process. Fortunately, Marsha Alban is experienced, knowledgeable and excellent at her job. She put me at ease right away, and explained the options I had. Throughout the process, Marsha and her team handled everything, keeping me apprised along the way. I'm pleased with the outcome and happy that I had Feinberg and Alban on my side."

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