Before a lawsuit is filed with Jason Stone Injury Lawyers, there’s a process designed to build a strong legal claim, avoid unnecessary litigation, and prepare for court if needed. While filing a lawsuit can be part of the process, many cases are resolved through early legal work, communication with insurance companies, and a clear understanding of the harm caused.
This stage is often misunderstood. A lawsuit is not the beginning of a legal case—it’s often a last step when negotiation breaks down. The actions taken before a lawsuit are critical and can impact everything from compensation to how long the case lasts.
Insurance companies begin working on your claim immediately after an incident, often before you’ve even left the scene. That’s why having a Boston personal injury lawyer start the process early is so important—they help protect your rights from day one and prevent costly mistakes.
Step One: Get a Free Case Evaluation
The process starts with a free consultation. This allows the legal team to review what happened, ask the right questions, and determine if you likely have a valid claim under Massachusetts law.
This first conversation is also a chance for you to understand what to expect, what rights you have, and what kind of compensation may be available—especially for pain and suffering, emotional distress, and disruptions to daily life. You don’t pay anything out of pocket, and there’s no obligation to move forward unless you choose to.
Step Two: Begin the Investigation
Once a client signs on, the legal team begins gathering and preserving key evidence right away. Many types of evidence can disappear quickly, and delay can weaken a case.
This investigative step may include:
- Reviewing traffic camera or surveillance video
- Downloading black box data from vehicles
- Requesting body cam or dash cam footage from police
- Interviewing witnesses and gathering statements
- Photographing visible injuries and scene conditions
- Canvassing local businesses for security footage
The goal is to secure evidence that supports your claim and documents what happened. The more thorough this step is, the stronger the case becomes—whether it settles or heads to court.
Step Three: Coordinate Medical Care and Insurance Issues
Injury claims are directly tied to medical care, which not only impacts recovery but also affects how the value of the claim is calculated. That’s why this step focuses on helping you get the care you need and making sure it’s properly documented.
The legal team helps with:
- Referrals to medical providers familiar with injury cases
- Coordinating with your health insurance to manage billing
- Monitoring your treatment progress and long-term care needs
Proper documentation of physical and emotional injuries is essential to proving pain and suffering, which is often one of the largest elements of compensation.
Step Four: Determine the Full Impact of the Injury
Before filing a lawsuit or entering negotiations, it’s important to understand the full scope of what was lost. That includes far more than medical bills.
This evaluation often includes:
- Pain and suffering experienced during and after the injury
- Emotional distress, anxiety, or trauma
- Missed work or impact on earning potential
- Loss of enjoyment of daily activities and personal life
A well-supported damages evaluation helps ensure any settlement talks begin from a position of strength. It also lays the foundation for a compelling lawsuit, if it comes to that.
Step Five: Send a Demand to the Insurance Company
Once the evidence is gathered and the full impact of the injury is clear, the legal team drafts a demand letter. This letter is sent to the insurance company and includes:
- A summary of how the injury occurred
- A description of the harm done—physically, emotionally, and financially
- The compensation amount being sought
This is the insurance company’s opportunity to settle the claim without litigation. Many claims are resolved at this step if the offer is fair. However, if the insurance company refuses to take responsibility or offers an amount that undervalues the claim, the next step becomes necessary.
Step Six: File a Lawsuit if a Fair Settlement Isn’t Reached
When negotiation fails, filing a lawsuit becomes the next move. This doesn’t mean the case will go to trial, but it does apply legal pressure and keeps the case moving forward.
In Massachusetts, the statute of limitations for most personal injury claims is three years from the date of the injury. Once a lawsuit is filed, both sides go through discovery, share evidence, and may continue settlement discussions.
By the time this step begins, the legal groundwork has already been laid—so the case is strong and trial-ready if needed.
Step Seven: Let the Legal Team Handle Everything Else
Throughout the entire process, the goal is to take the stress off your plate. From day one until resolution, the legal team handles communication with insurance adjusters, paperwork, case deadlines, and negotiation strategy.
That means you can focus on what matters most—healing and getting back to your life—while experienced professionals manage the legal path forward.
Start With a Free Consultation Today
If the other side is already working to protect their interests, you should have someone working to protect yours. The earlier the process starts, the more control you have over the outcome. At Jason Stone Injury Lawyers, we make sure you never have to face this alone.
With decades of combined experience and the Stone Cold Guarantee®, we’ll handle every part of the process—from your first call through to resolution—and you never need to reach into your pocket to pay us. Call any time, day or night. We’re ready when you are.
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