{"id":352977,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/resolution-before-trial-settlement.html"},"modified":"2025-10-22T13:52:06","modified_gmt":"2025-10-22T18:52:06","slug":"resolution-before-trial-settlement","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/resolution-before-trial-settlement.html","title":{"rendered":"Settling a Personal Injury Case Before Trial"},"content":{"rendered":"\n
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Settling a Personal Injury Case Before Trial<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Many personal injury claims end in a settlement agreement. The defendant or insurance company agrees to pay an agreed-upon settlement amount to the injured person (plaintiff) who filed the claim. In rare cases, the defendant will agree to perform or stop a specific action instead of paying money. In exchange, the plaintiff gives up the right to pursue any further legal action about the accident or injury.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Most legal claims from injuries, such as motor vehicle accidents, don’t reach a jury trial. They’re typically resolved earlier in the litigation process through a negotiated settlement. Sometimes, an informal settlement happens before someone files a car accident lawsuit.<\/p>\n

You might consider settling a car accident claim after an accident or injury. But before making any decisions, you may want to talk to a personal injury lawyer<\/a>. This article discusses what to consider when meeting with your attorney to discuss a possible settlement of your claim.<\/p>\n

Should I Settle an Injury Claim? Points To Consider<\/h2>\n

Settling a claim can be beneficial in some situations, but it’s important to determine whether settling will be fair and appropriate for your case. When meeting with your attorney, you will likely discuss the following points.<\/p>\n

Strength of the Case<\/h3>\n

You and your attorney should look at the strengths of your case. A stronger, clearer case in your favor is more likely to yield a successful court award. Yet, it can also incentivize the other party to settle the claim quickly to avoid the court process and an eventual loss.<\/p>\n

This conversation should include:<\/p>\n