Legal Question in Personal Injury in Massachusetts

Time Limit For Offer of Settlement

My son who is special needs slip and fell on ice from the steps on the landlord property on Jan. 2001 and broke his arm, he now has permanent damage to his arm. I hire an attorney to handle the case but so far he tells me he is waiting for the insurance company to make an offer.

My question is how long does it takes for an insurance company to make any kind of offer? It's been over a year and the last communication from the insurance company has been in October, 2001.


Asked on 4/16/02, 2:39 pm

3 Answers from Attorneys
Charles Cobb Charles Cobb, Attorney At Law

Re: Time Limit For Offer of Settlement

The time to sue is no later than 3 years but many lawyers "put the case into suit" before that if the carrier is not making good faith offers. In my experience cases with no activity in over a year are highly unusual. If the insurer doesn't want to pay, sue them.

You should have a talk with your lawyer to find out what is happening. One good reason for not pushing the insurer, is if your son's condition has not reached an end result. If you settled the case and later found the injury was more severe than you knew at settlement time, your son would not have been well served but the hurry.

Hope this is of some help. You have a lawyer, talk to them. Some cases have shorter time deadlines, I can't say in your case which time line applies.

Charles W. Cobb

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Answered on 4/16/02, 2:55 pm
James Fiorentini Fiorentini Law Office

Re: Time Limit For Offer of Settlement

There is no set time period for an insurance company to make an offer. In fact, they are never required to offer anything.

However, you are not at their mercy. If they do not make an offer you are satisfied with you should consider filing a lawsuit against the person or company that caused your injury. Your attorney can guide you on this, or feel free to contact us if you have questions.

Fiorentini law office

Haverhill MA

www.FiorentiniLaw.com

1-800-834-6964

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Answered on 4/16/02, 3:23 pm
Nance Lyons Law Office of Nance Lyons

Re: Time Limit For Offer of Settlement

I agree with Mr. Cobb. Talk to your lawyer and ask if he has filed suit. If not, ask him to file as soon as possible

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Answered on 4/16/02, 7:10 pm


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