Navigating the Claims Process for Specific Injuries
Published in Personal Injury on April 24, 2025
Reading Time: 6 minutes
At Sweeney Merrigan Personal Injury Lawyers, we understand that suffering an injury due to someone else’s negligence can be a life-altering experience, leaving you with physical pain, emotional distress, and financial burdens. Based in Boston, Massachusetts, our dedicated team has over 100 years of combined experience helping injury victims across the state navigate the complex claims process to secure the compensation they deserve. Personal injury lawsuits often arise from specific types of injuries, each requiring a tailored approach to build a strong case. In this blog post, we explore the most common injuries that lead to lawsuits, outline the claims process in Massachusetts, and explain how our skilled attorneys guide you every step of the way to achieve justice and recovery.
Common Injuries Leading to Personal Injury Lawsuits
Personal injury lawsuits typically stem from accidents or intentional acts that cause harm, with certain injuries appearing frequently due to their severity and impact on victims’ lives. Below, we highlight the most common injuries that prompt lawsuits in Massachusetts, based on our extensive experience and industry data, such as the CDC’s report of 39.5 million annual personal injury cases requiring medical treatment in the U.S..
Soft Tissue Injuries
Soft tissue injuries, such as sprains, strains, and contusions, affect muscles, tendons, and ligaments and are common in car accidents, slip and falls, and workplace incidents. For example, whiplash from a rear-end collision can cause neck pain and limited mobility. While often considered minor, soft tissue injuries can lead to chronic pain if aggravated by secondary trauma, as noted in our prior discussions on contusions. Lawsuits arise when these injuries result from negligence, such as a property owner ignoring a wet floor or a driver texting behind the wheel.
Fractures and Bone Injuries
Broken bones, ranging from simple fractures to complex breaks requiring surgery, frequently occur in motor vehicle accidents, falls, or construction site mishaps. Severe fractures can lead to long-term complications, like reduced bone resilience, increasing the risk of future breaks. Lawsuits are filed when negligence, such as a trucking company’s failure to maintain vehicles, causes these debilitating injuries. In Massachusetts, plaintiffs must prove the defendant’s actions directly led to the fracture, often using medical imaging and expert testimony.
Traumatic Brain Injuries (TBIs)
Traumatic brain injuries, including concussions and severe brain damage, are prevalent in high-impact accidents like car crashes, motorcycle collisions, or falls from heights. TBIs can cause cognitive impairments, memory loss, and emotional changes, significantly affecting quality of life. According to the CDC, unintentional injuries, including those causing TBIs, are a leading cause of death in the U.S.. Lawsuits for TBIs often involve complex medical evidence, as we’ve seen in cases like motor vehicle accidents resulting in multi-million-dollar settlements.
Spinal Cord Injuries
Spinal cord injuries, which can lead to partial or complete paralysis, are among the most severe injuries prompting lawsuits. These injuries often result from car accidents, construction accidents, or medical malpractice, such as surgical errors. The lifelong medical costs and loss of earning capacity make these claims high-stakes. In Massachusetts, proving causation is critical, as defendants may argue pre-existing conditions caused the injury, requiring expert testimony to link the accident to the spinal damage.
Emotional Distress and Mental Anguish
Emotional distress and mental anguish, including anxiety, depression, or post-traumatic stress disorder (PTSD), can result from witnessing traumatic events or enduring severe injuries. In Massachusetts, bystander claims for negligent infliction of emotional distress are derivative, requiring a personal relationship with the direct victim and physical symptoms of distress. Lawsuits arise when negligence, such as a drunk driver causing a fatal crash, triggers these psychological injuries. Social media posts can complicate these claims, as seen in cases like Romano v. Steelcase, where defense attorneys used photos to dispute emotional damages.
Wrongful Death
Wrongful death occurs when negligence, recklessness, or intentional acts cause a fatal injury, often in car accidents, medical malpractice, or workplace incidents. In Massachusetts, the executor of the deceased’s estate files a wrongful death lawsuit on behalf of surviving family members, seeking compensation for loss of income, companionship, and funeral expenses. High-profile cases, like the family of Minh-Thi Nguyen suing over a fatal truck collision, highlight the emotional and financial toll of these losses. These claims require proving the defendant’s actions directly caused the death, often with forensic evidence.
The Claims Process in Massachusetts
Navigating the personal injury claims process in Massachusetts can be daunting, but at Sweeney Merrigan, we streamline each step to maximize your recovery. The process typically unfolds as follows, with variations depending on the injury’s severity and case complexity. On average, motor vehicle accident cases take 20 months, while premises liability and medical malpractice cases may take 24 and 31 months, respectively.
Step 1: Seek Immediate Medical Attention
Your health is the priority after an injury. Seek medical care immediately, even for seemingly minor injuries like soft tissue damage, as symptoms may worsen over time. Prompt treatment creates a medical record linking your injuries to the accident, which is vital for your claim. Keep all medical bills, imaging reports, and treatment plans, as these support economic damages like medical expenses.
Step 2: Gather Evidence and Document the Incident
Collect evidence to establish the defendant’s negligence. For example, in a slip and fall, photograph the hazardous condition, like uneven pavement, and obtain witness contact information. In car accident cases, file a Motor Vehicle Crash Operator Report within five days if required, as mandated in Massachusetts. Preserve physical evidence, such as damaged clothing or a defective product, and document your injuries with photos and a symptom journal. This evidence strengthens your case during negotiations or trial.
Step 3: Consult a Personal Injury Attorney
Contact an experienced personal injury attorney early to protect your rights. In Massachusetts, the statute of limitations for most personal injury and wrongful death claims is three years from the date of injury or death, or for medical malpractice, three years from when you discovered or should have discovered the injury. Missing this deadline bars your claim. At Sweeney Merrigan, we offer free consultations to evaluate your case, leveraging our expertise to identify liable parties and potential damages.
Step 4: File an Insurance Claim
Most personal injury claims begin with filing a claim with the at-fault party’s insurance or, in no-fault car accident cases, your own insurer under Massachusetts’ no-fault system. Provide the insurer with evidence, but avoid giving recorded statements or accepting early settlement offers, which are often low. Our attorneys negotiate with insurers to secure fair compensation for medical expenses, lost wages, and pain and suffering, ensuring you don’t settle for less than you deserve.
Step 5: Discovery and Investigation
If a settlement isn’t reached, we file a lawsuit, initiating the discovery process. Discovery involves exchanging information, such as medical records, accident reports, and witness depositions, to build your case. For complex injuries like TBIs or spinal cord damage, we consult forensic examiners, medical experts, and accident reconstructionists to prove causation and negligence. In Massachusetts, comparative negligence applies—if you’re less than 50% at fault, your compensation is reduced by your fault percentage; if over 50%, you recover nothing.
Step 6: Settlement Negotiations
Most personal injury cases (70% according to Nolo) settle before trial. We prepare a comprehensive settlement package, including evidence of your injuries, economic losses, and non-economic damages like emotional distress. Our team negotiates aggressively, countering low offers to maximize your recovery. For severe injuries, we consult experts to project future medical costs, ensuring your settlement accounts for long-term needs.
Step 7: Trial, if Necessary
If negotiations fail, we proceed to trial, where a judge or jury determines the outcome. We present compelling evidence, including expert testimony and your documented losses, to prove negligence and damages. In Massachusetts, plaintiffs win 39% of premises liability trials and 38% of product liability trials, but our track record, including the largest reported single-plaintiff tort settlement in 2022, demonstrates our ability to secure favorable verdicts. Trials are rare, as most cases settle, but we’re prepared to litigate when necessary.
Potential Compensation for Your Injuries
In Massachusetts, personal injury victims can recover two types of compensatory damages: economic and non-economic, with punitive damages available for egregious conduct. Economic damages cover tangible losses, such as:
- Medical expenses, including surgeries, rehabilitation, and future care for chronic injuries like spinal cord damage.
- Lost wages for time missed from work and loss of earning capacity for permanent disabilities.
- Out-of-pocket costs, like transportation to medical appointments.
Non-economic damages address intangible losses, including:
- Pain and suffering for physical discomfort and emotional distress.
- Mental anguish, such as PTSD from a traumatic accident.
- Loss of enjoyment of life or companionship in wrongful death cases.
Massachusetts caps non-economic damages in medical malpractice cases at $500,000, with exceptions for severe harm. Punitive damages, capped at three times compensatory damages or $500,000, may apply in cases of gross negligence, like a drunk driving accident (BAC over 0.08% is illegal in Massachusetts). Our attorneys meticulously calculate damages, ensuring all losses are accounted for.
How Sweeney Merrigan Personal Injury Lawyers Supports You
At Sweeney Merrigan, we take pride in our client-centered approach, recognized by Massachusetts Lawyer’s Weekly as among the state’s “Most Powerful Attorneys”. Led by co-managing partners J. Tucker Merrigan and Peter Merrigan, our team tailors strategies to your specific injury, whether it’s a fracture from a car accident or emotional distress from witnessing a tragedy. We leverage cutting-edge technology and a collaborative team of attorneys, paralegals, and experts to build evidence-based cases, as highlighted by clients like Susan from Marlboro, who praised our help with her son’s bus accident hospital bills.
We handle every aspect of the claims process, from gathering video surveillance and red light camera data in DUI cases to consulting specialists for TBI and spinal injury claims. Working on a contingency-fee basis, you pay nothing upfront, and we only collect fees if we secure a settlement or verdict. Our commitment extends beyond compensation—we aim to hold negligent parties accountable and foster safer communities, as noted in our Reddit feature.
Contact Sweeney Merrigan Today
If you’ve suffered an injury due to someone else’s negligence in Massachusetts, don’t navigate the claims process alone. The experienced Boston personal injury attorneys at Sweeney Merrigan Personal Injury Lawyers are here to guide you, offering compassionate support and aggressive advocacy. Call us today at (617) 391-9001 or contact us online for a free consultation. With no fees unless we win, you can trust us to fight for the compensation you deserve, helping you focus on healing and rebuilding your life.