Most personal injury and accident cases are settled before trial through negotiations between the parties. In fact, the parties can reach an informal settlement even before the plaintiff files the lawsuit. In a settlement, the plaintiff waives his or her right to legal action for recovery of compensation for his or her injuries arising out of the accident from the defendant in exchange for compensation in the form of an agreed sum of money from the defendant (or the defendant’s insurance company). In some settlements, the defendant will agree to do or refrain from doing something instead of paying monetary compensation.

Speak your attorney before entering into any settlement. Your attorney will review your case and advise you of your settlement options including whether your case can be settled. Here are some points that you should discuss with your attorney if you are considering a settlement:

• The attorney’s estimate of your claim in dollars
• The outcomes is similar cases
• Your chances of winning the case
• Public opinion
• Disclosure of personal, business and financial information during trial and discovery
• Expected time for the trial
• Strengths and weaknesses of your case
• Strengths and weakness of your opponent’s case
• Defendant’s insurance coverage
• Defendants financial situation
• Concessions you are willing to make
• Whether the defendant wants to settle
• Chances of a partial settlement
• Any other remedy available besides monetary compensation