Insurance companies and injured plaintiffs in personal injury lawsuits, have conflicting interests. Massachusetts law requires insurance companies to make good faith efforts to settle cases in which the liability of their insured has become reasonably clear. Failure by the insurance company to make good faith settlement efforts in such cases, exposes the company to multiple damages, costs, and the plaintiff’s attorney’s fees. Unfortunately, the Supreme Judicial Court has gutted the law with a decision that lets the insurance company off the hook as long as they have a report by a qualified expert stating that their insured was not at fault. It isn’t too hard to imagine how easy it is for any insurer to obtain such a report. The legislature gave people injured by another’s negligence a powerful tool to encourage fair settlements from the insurance industry, and our state’s highest court took it away. Bad faith insurance practices are the result.

Freed of any serious penalty for delay and refusal to make good faith settlement efforts, insurance companies want to hold onto their money for as long as possible – why let the injured working person trying to feed his family have the use of the money, when the insurance giant can continue to earn interest on it. The job of every good plaintiff’s personal injury lawyer is to move his client’s case through the justice system as quickly as the system itself and high quality representation and preparation, will allow. Clients sometimes don’t understand, and are justifiably upset, at the inevitable delays that are built into any personal injury case filed in court.

Massachusetts has what is known as a “tracking” system. All cases filed in the Superior Courts are put by the clerk into one of three tracks, “F,” fast track; “A,” average track, and “X,” accelerated track. Medical malpractice, products liability, and other professional negligence cases, are placed on the “A” track. In an “A” track case, the parties have two full years to complete discovery. Trial is to be held within three years. Even a plaintiff’s attorney who pushes as hard as he can to move a case along, must grant the professional courtesies of extensions and continuances as a result of the defense attorneys other cases, and the occasional family need or tragedy. Sometimes, of course, a defense lawyer may take advantage of these courtesies for the mere purpose of delay. A plaintiff’s lawyer must be diligent to prevent abuse, but in the end, the injured person should plan for the possibility that the case may take as long as the tracking order allows.

Many personal injury cases, such as car crashes, other roadway accidents, slip and fall cases, dangerous premises cases, and others, are on the “F” track. Fast track cases are good news for injured plaintiffs. Discovery should be completed within ten months, and the case settled or tried within twenty-two months. Again, the plaintiff’s lawyer should do everything he can to resolve the case sooner than the end date if possible, but defense delaying tactics may make that difficult. When your lawyer pushes your case hard through the system – assuming, of course, that the quality of the legal work is of the highest standard – there are two very important benefits: your case will be completed as soon as possible; and the insurance company will understand that your lawyer is serious about your case, willing to spend time and money on it. Aggressive representation like that translates to more deserved money for you.