When Should You Settle Your Personal Injury and Accident Case?

by Aaron Gartlan

January 8, 2014 | Frequently Asked Questions

The short answer and a summary of when to settle your personal injury and accident case is when you know and believe that you have gotten every penny that you can out of the case and are reasonably satisfied with the outcome. It is all about maximizing the recovery. How do you know when you are ready to settle? It all goes back to trial preparation. Once the case has been investigated, worked-up properly, and evaluated, as if it were going to trial, then the personal injury and accident trial lawyer is in the best position, at that point, to evaluate the value of the case. This can include retaining medical, psychological, legal, financial, engineering, accident reconstruction, investigative, and sometimes other experts, as well as taking witness depositions and retrieving important records and documents. Even if a lawsuit is never filed and the case does not see the courtroom, personal injury and accident cases should be prepared for trial. When this is done, then the personal injury and accident trial lawyer is in a position to assess the value of the case. The personal injury and accident trial lawyer should take the following into account: conduct of the parties, available insurance coverage, potential defenses, liability, injuries and damages, and where the case would be heard if a lawsuit were filed, as well as the time involved and cost of litigation. Sometimes, this can be accomplished without filing a lawsuit. In other cases, filing a lawsuit and working the case up through the discovery and court process are required to reach that destination. This should be discussed with your personal injury lawyer and law firm, and the decision to settle should be based on their advice.


Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.

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