Understanding Personal Injury Settlements

The Settlement Process

Most personal injury cases settle without going to trial. Understanding the settlement process helps you make informed decisions.

Timeline of a Personal Injury Claim

1. Medical treatment - Reach maximum medical improvement (MMI)
2. Investigation - Gather evidence, medical records, bills
3. Demand letter - Your attorney sends a settlement demand
4. Negotiation - Back-and-forth with the insurance company
5. Settlement or lawsuit - Accept settlement or file suit

Factors Affecting Settlement Value

• Severity and permanence of injuries
• Amount of medical bills and future care needs
• Lost wages and reduced earning capacity
• Pain and suffering
• Available insurance coverage
• Strength of liability evidence
• Jurisdiction (some areas award higher damages)

How to Maximize Your Settlement

Several strategies can help ensure you receive fair compensation for your injuries.

Documentation Is Key

• Keep a journal of pain levels and how injuries affect daily life
• Save all receipts related to your injury
• Follow all medical advice and attend all appointments
• Document missed work and activities you can no longer do

Common Mistakes to Avoid

• Accepting quick settlements before knowing full damages
• Posting on social media about your case or activities
• Giving recorded statements without legal advice
• Missing medical appointments or stopping treatment early
• Exaggerating or being dishonest about your injuries

When Settlement Makes Sense

Settling can be beneficial because:

• You receive compensation faster
• You avoid the uncertainty of trial
• Legal costs are reduced
• You can move forward with your life

When to Consider Trial

Going to trial may be appropriate if:

• The insurance company's offer is unreasonably low
• Liability is clear and damages are significant
• You're prepared for a longer process