When you’re facing the aftermath of a personal injury in Massachusetts, one of the biggest decisions you’ll encounter is whether to accept a settlement or take your case to trial. Each path has its pros and drawbacks, and what’s right for one case might not be the best option for another. Understanding how each route works and how they can affect your compensation is essential to making an informed choice.

Massachusetts Personal Injury Process: From Claim to Resolution

In Massachusetts, the personal injury process generally begins with filing a claim against the at-fault party or their insurance company. Before the case ever sees a courtroom, most claims are resolved through negotiations. But not all negotiations result in a fair offer, which is when litigation becomes a real consideration.

Filing and Negotiation Phase

Once a claim is filed, the injured party (plaintiff) or their attorney begins building a case by collecting evidence: medical records, accident reports, witness statements, and more. This is also when the at-fault party’s insurance company may make a settlement offer.

• If the offer seems fair, the case may settle without ever stepping foot in a courtroom.
• If it’s too low or if liability is disputed, the next step could be filing a lawsuit and preparing for trial.

When Settlement May Be the Better Option

Most personal injury cases in Massachusetts are resolved through settlement — and for good reason.

Faster Resolution

A trial can take months or even years, especially if appeals are involved. Settlements, on the other hand, can be reached relatively quickly once both sides agree on terms.

Lower Legal Costs

Going to trial often means higher attorney fees, court costs, and expert witness expenses. A settlement reduces many of these costs, allowing injured parties to retain a larger portion of their compensation.

More Predictability

A settlement agreement locks in a known amount. At trial, juries are unpredictable — you could win big, or walk away with far less than you expected. Some plaintiffs prefer the security of a guaranteed payout.

Privacy

Trials are public proceedings. Settlements can remain private, which may be preferable in sensitive cases.

When a Trial Might Offer a Better Outcome

While settlement is often the path of least resistance, there are circumstances when a trial can be more beneficial.

Lowball Offers

If the insurance company offers far less than what the claim is worth, or outright denies liability, a trial may be the only way to pursue full compensation.

Severe Injuries or Long-Term Disability

Cases involving catastrophic injuries, permanent disability, or lifelong care needs often require higher compensation. A jury may be more sympathetic than an insurance adjuster, especially when future medical costs and lost earnings are involved.

Accountability and Public Record

Some victims want to hold the defendant publicly accountable. A trial creates a legal record that a settlement does not.

Punitive Damages Potential

Although rare in Massachusetts personal injury claims, punitive damages — awarded to punish particularly reckless conduct — are only available through trial.

Massachusetts-Specific Factors to Keep in Mind for Your Personal Injury Claim

Massachusetts is a modified comparative negligence state, which means that your share of fault in the accident directly affects your compensation. If you're found to be more than 50% at fault, you're barred from recovering damages.

This rule becomes especially important in trial situations. Juries must weigh evidence carefully and determine fault percentages, which introduces a layer of uncertainty not always present in settlement negotiations.

Statute of Limitations

In Massachusetts, the statute of limitations for most personal injury cases is three years from the date of injury. That deadline applies whether you plan to settle or go to trial — but lawsuits must be filed before the clock runs out.

Key Considerations When Choosing Between Trial and Settlement

There’s no one-size-fits-all answer. The right choice depends on the unique aspects of your case.

Ask yourself:

• Has the insurance company made a reasonable offer?
• Are your injuries long-term or permanent?
• Is liability disputed?
• Do you have strong evidence to present at trial?
• Are you emotionally and financially prepared for a lengthy legal process?

How a Massachusetts Personal Injury Attorney Can Make or Break the Outcome

An experienced Massachusetts personal injury attorney can evaluate the strength of your case and advise you on whether to settle or proceed to trial. They’ll assess the potential value of your claim, gather persuasive evidence, and negotiate with insurers who may try to minimize your payout.

In many cases, just having a skilled trial attorney on your side increases the likelihood of receiving a better settlement offer. Insurance companies often push harder against unrepresented plaintiffs or those with attorneys unlikely to go to court.

Massachusetts Personal Injury Trial Statistics

While precise statewide data is limited, nationally, about 95% of personal injury claims settle before trial. Massachusetts follows a similar trend. Still, it’s important to prepare your case as if it will go to court — doing so can strengthen your negotiating position.

Settlement vs. Trial: Weighing the Pros and Cons

Settlement vs. Trial: Pros and Cons

Settlement:

• Time: Typically resolved faster
• Cost: Lower legal fees and fewer court-related expenses
• Outcome Certainty: Offers a predictable, agreed-upon outcome
• Privacy: Kept confidential between parties
• Appeal Possibility: Final — cannot be appealed once agreed upon
• Compensation: Often lower but guaranteed

Trial:

• Time: Can take months or even years to resolve
• Cost: Higher legal fees, court costs, and expert witness expenses
• Outcome Certainty: Unpredictable — jury decisions vary
• Privacy: Public proceedings become part of the legal record
• Appeal Possibility: Decision can be appealed by either side
• Compensation: Potential for higher award, especially in severe injury cases

Conclusion

Deciding between trial and settlement in a Massachusetts personal injury claim is a significant choice with long-term consequences. A fair settlement can offer speed and certainty, while a trial may lead to greater compensation when negotiations stall. The key lies in knowing the strengths of your case, your goals for resolution, and having the right legal strategy to guide you. A knowledgeable attorney can help you navigate these decisions with confidence, ensuring you pursue the path that best protects your interests and your future.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.