The Personal Injury Settlement Process: What to Expect from Start to Finish

Understanding the personal injury settlement process helps you know what's coming at each stage and how long things typically take. While every case is different, most follow a similar path.

Most attorneys offer free consultations where you discuss:

• How the accident happened
• Your injuries and medical treatment
• The other party's insurance coverage
• Whether you have a viable case

They assess liability, damages, and potential recovery.

If you move forward, you'll sign a contingency fee agreement (typically 33-40% of any settlement or verdict).

This notifies the insurance company that you have legal counsel and all communication should go through your attorney.

Once you hire a lawyer, stop talking to the insurance company. Direct all calls and requests to your attorney.

Don't settle before you finish treatment or reach maximum medical improvement. You need to know the full extent of your injuries and future medical needs.

While you focus on recovery, your attorney collects:

• Medical records and bills
• Police reports
• Witness statements
• Photos of the accident scene and your injuries
• Employment records showing lost wages
• Expert opinions if needed

Document your symptoms, limitations, and how the injury affects your daily life.

This stage varies significantly. Minor injuries might resolve in weeks; serious injuries requiring surgery could take a year or more. Don't rush it.

This detailed document includes:

• A narrative of how the accident happened
• Evidence of the other party's liability
• Detailed medical records and bills
• Documentation of lost wages
• Calculation of pain and suffering
• The total compensation demanded

They typically have 30 days to respond, though this varies.

They review the demand, evaluate liability, and assess your damages.

Initial offers are almost always low, sometimes insultingly so. This is standard negotiation tactics.

Your lawyer and the insurance adjuster exchange offers:

• Your lawyer counters their low offer
• They raise their offer slightly
• Your lawyer may reduce the demand somewhat
• This continues until you reach an agreement or hit an impasse

Your lawyer should update you on all offers and explain whether they're fair.

Your attorney can't accept a settlement without your approval. You decide whether an offer is acceptable.

Many cases settle during this phase. If the insurance company makes a fair offer that adequately compensates you, settlement avoids the time and uncertainty of litigation.

This legal document outlines your case and formally starts a lawsuit.

They receive notice of the lawsuit and must respond within a specific timeframe (typically 20-30 days).

They file a response, usually denying liability or disputing your damages.

Filing a lawsuit doesn't mean you're going to trial. Most cases still settle after filing. The lawsuit puts pressure on the insurance company to offer fair compensation.

Discovery is the formal process of gathering evidence:

Written questions both sides must answer under oath.

Both sides request relevant documents, medical records, employment files, etc.

In-person testimony under oath. You, the defendant, witnesses, and expert witnesses may all be deposed. Your lawyer will prepare you thoroughly before your deposition.

Medical experts, accident reconstructionists, economists, or other specialists may be hired to support your case.

Discovery is the longest and most expensive part of litigation. It's also where most cases settle, as both sides learn the strengths and weaknesses of their positions.

Many courts require mediation before trial. A mediator (often a retired judge) helps both sides negotiate.

You explain why you deserve compensation; they explain why their offer is fair.

They carry offers back and forth and help find common ground.

About 70-80% of cases that reach mediation result in settlement.

If mediation fails, the case proceeds to trial.

Both sides file motions, finalize witness lists, and prepare trial strategy.

If you're having a jury trial, both sides question potential jurors and select who will decide the case.

Each side outlines their version of events and what they'll prove.

Your lawyer presents:

• Your testimony
• Witness testimony
• Medical records and bills
• Expert testimony
• Physical evidence

The defense presents their case, often arguing you weren't injured as badly as you claim or that their client wasn't at fault.

Each side summarizes their case and asks the jury for a verdict.

The jury discusses the case privately and reaches a decision on liability and damages.

Trials typically last 3-5 days for straightforward personal injury cases, longer for complex cases.

• The insurance company sends payment within 30-60 days
• Your lawyer deposits it in their trust account
• They deduct their fee and case expenses
• They pay your medical liens (outstanding medical bills)
• You receive the remaining amount

• The defendant may file post-trial motions or appeal
• If they don't appeal, they must pay within a specified time
• The same process of paying liens and expenses occurs

• You can appeal if there were legal errors
• You owe nothing to your lawyer (contingency fee means they only get paid if you win)
• You're typically responsible for case expenses, though this depends on your fee agreement

• Medical treatment: 2-6 months
• Demand and negotiation: 2-4 months
• Settlement: 4-10 months from injury

• Medical treatment: 6-12 months
• Pre-litigation negotiation: 2-4 months
• Lawsuit filed: month 8-16
• Discovery: 6-12 months
• Settlement or trial: 18-30 months from injury

• Medical treatment: 12-24 months
• Litigation and discovery: 12-18 months
• Settlement or trial: 24-48+ months from injury

• Clear liability (obviously the other party's fault)
• Well-documented injuries
• Sufficient insurance coverage
• Reasonable insurance adjuster
• Completion of all medical treatment
• Strong evidence

• Disputed fault
• Serious or permanent injuries
• Multiple parties involved
• Inadequate insurance coverage
• Gaps in medical treatment
• Missing evidence or witnesses
• Court backlogs

Good settlements take time. Rushing leads to leaving money on the table.

Complete all recommended treatment and attend all appointments.

Return your lawyer's calls and provide requested documents promptly.

Tell your lawyer everything, even information that might hurt your case. They need to know to properly represent you.

Don't post about your accident, injuries, or activities. Insurance companies monitor these.

Your lawyer has your best interests in mind. Let them handle negotiations and strategy.

Your settlement should compensate you for:

• Past and future medical expenses
• Lost wages
• Lost earning capacity
• Property damage

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Your lawyer calculates these damages based on your medical bills, wage loss, and the severity and permanence of your injuries.

Your lawyer will recommend acceptance or rejection, but you decide. Consider:

• The offer adequately compensates all your damages
• You want to avoid the uncertainty and time of litigation
• The offer is near the top of what your case is likely worth
• You need the money now

• The offer is significantly below fair value
• You're willing to wait for a better outcome
• Your lawyer believes they can get substantially more
• You haven't completed medical treatment

• Settlement offers remain unreasonably low
• You're willing to risk losing for the chance of a larger verdict
• Your lawyer believes a jury will award you significantly more

The personal injury settlement process involves many stages, strict deadlines, and complex negotiations. Having an experienced attorney who handles cases like yours regularly makes a significant difference in both the timeline and the final compensation you receive.

Dear Legal can connect you with personal injury lawyers who specialize in your type of case. Answer a few questions about your accident and injuries, and we'll match you with qualified attorneys in your area who offer free consultations. They'll explain the process, evaluate your case, and help you understand what to expect.

Don't navigate settlement negotiations alone. Get matched with the legal expertise that can maximize your recovery.