The process of settling a case is different if there is a lawsuit filed because the moment a case enters the court system, everything becomes more structured, supervised, and time–sensitive.
Instead of casual back-and-forth negotiations, both sides must follow formal rules, exchange evidence through a process known as discovery, meet court deadlines, and prepare for the possibility of a trial. This added pressure often changes how both parties approach settlement.
If trying to settle your case once you’ve filed a lawsuit feels more intense than you expected, Boston personal injury lawyers will help. Your attorney will explain the legal requirements, protect your rights, and use the pressure of litigation to push for a stronger settlement.
Why Settling Before a Lawsuit Feels Simple on the Surface
The first part of any personal injury case begins with an insurance claim. A claim isn’t a formal legal proceeding. Instead, it’s an informal negotiation with the at-fault party’s insurance company.
Insurance adjusters will review medical records, incident photos, traffic camera footage, black box downloads, body cam video, and witness statements. People who are able to settle at this stage often experience the following reactions:
- Grateful that the process is faster
- Appreciative of the less structured nature of a claim
- More casual than a court case
- Controlled by the insurance company
- Limited by the adjuster’s initial valuation system
There’s no court schedule, no judge, no deadlines, and no official exchange of evidence.
The Dangers of Early Settlement Offers
In settlement talks, the insurer decides how much effort they want to put into understanding what happened. Unfortunately, that’s part of why early settlement offers often undervalue pain and suffering.
They’re based on limited information and internal formulas instead of your lived experience. Anyone who’s endured long nights of pain, lost sleep because of shoulder stiffness, struggled to lift grocery bags, or missed weeks of pay knows how frustrating these conversations often are.
However, the good news is that a claim is not your only opportunity to pursue compensation. If you and your attorney are having trouble coming to an agreement with insurance adjusters, it is likely time to explore the possibility of filing a lawsuit instead.
What Happens the Moment a Lawsuit Is Filed
When a claim stops moving forward, filing a lawsuit is one way to force the insurance company to take your injuries seriously. Everything becomes formal, structured, and documented in a way that will likely be presented to a judge or jury. Here’s what filing a lawsuit often forces into effect:
- Deadlines appear where none existed before.
- The defendant and their insurer must respond.
- Evidence becomes part of the official legal record.
- Negotiations become more strategic.
- The value of the case often increases.
The lawsuit moves the case into the Massachusetts civil court system. More specifically, it is usually filed in the county where the crash or incident happened.
Settling a lawsuit-filed case introduces more pressure on the insurance company because ignoring the case is no longer an option. As a result, filing forces participation and engagement from the at-fault party’s insurer.
How the Tone of Negotiation Changes Once the Case Enters Court
With claims, the adjuster has the power to delay, minimize, or question everything. After the lawsuit is filed, the power balance shifts. Lawyers for the defendant must acknowledge the claim in writing and begin preparing for court, even if the trial never happens. This creates a different tone in settlement discussions. Here’s what you can expect:
- The insurer starts comparing the cost of settling now versus taking the case to trial.
- The defendant’s attorneys review the strength of your evidence.
- Pain and suffering damages receive more attention.
- Future medical needs become a larger factor.
- Long-term symptoms carry more weight.
- Settlement offers typically increase as the lawsuit proceeds.
A lawsuit puts the insurer under scrutiny. Rather than evaluating a file, they are now viewing your legal matter as a potential courtroom case.
If you end up going to trial, a Massachusetts jury will get involved. Insurers know juries tend to take pain, suffering, and long-term disruption very seriously, which incentivizes them to work with you, not against you.
Why the Evidence Becomes Stronger After a Lawsuit Is Filed
Claims rely on basic documentation. In a lawsuit, both sides must exchange evidence through a formal process known as discovery, which is one of the biggest reasons settlement values rise once the case enters litigation.
Here’s what evidence in this phase of the process often includes:
- Traffic camera recordings from intersections along Route 9 or the Mass Pike
- Surveillance from nearby businesses
- Body cam footage from responding police officers
- Black box downloads revealing speed, braking, and steering
- Witness depositions
- Accident reconstruction reports
- Specialist medical evaluations
- Pain journals and documentation of daily life
All of this evidence paints a full picture of the harm you’ve lived with as a result of the incident that caused your injuries. Victims often feel validated during discovery because the evidence finally reflects what pain has taken from them, from their mobility and their routine to their sense of safety and their physical confidence.
The Court’s Schedule Adds Structure That Didn’t Exist Before
One of the clearest differences between settling a claim and settling a lawsuit is structure. Claims follow no timeline, whereas lawsuits follow a highly regulated one.
Once the case enters the Massachusetts Superior Court or District Court system, several predictable phases occur.
Service and Answers
The defendant receives the lawsuit, and they are legally required to respond.
Discovery
The longest stage in the lawsuit process, this involves exchanging evidence, taking depositions, submitting written answers, and gathering professional opinions.
Motions
Either side will have the opportunity to ask the judge to rule on certain aspects of the case.
Pre-Trial Conferences
Both sides will meet with the judge to discuss the status of the case.
Trial Scheduling
A trial date is set, which puts pressure on both parties to settle before the courtroom becomes necessary. During these stages, settlement discussions often become more productive.
Contact Jason Stone Injury Lawyers to Understand How the Process of Settling a Case Differs if a Lawsuit is Filed
The way a case settles changes the moment a lawsuit is filed. If your claim isn’t going anywhere or the insurer keeps acting as though your suffering is not as bad as you’ve claimed it is, Jason Stone Injury Lawyers will take over the legal matters that feel impossible to manage alone.
We have represented more than 15,000 people in situations similar to yours. With a reputation for being responsive, we created the Stone Cold Guarantee® so that you always feel supported. Whenever you’re ready to move forward, we’re here for you. Injured? Better Phone Stone®.
With 21-plus years in business, we take care of our own because Massachusetts is our home, and we’ve recovered over $250 million in compensation. Call us as soon as possible. When you meet with us, there’s no obligation, just information®.
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