Settlement Process

How Personal Injury Settlements Work

Over 95% of personal injury cases in Colorado settle without going to trial. Understanding the settlement process — from initial demand to final agreement — helps you make informed decisions about your case.

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The Settlement Process

  1. Maximum Medical Improvement (MMI): Before settling, you should reach MMI — the point where your condition has stabilized and your doctor can project future needs.
  2. Demand Letter: Your attorney sends a detailed demand letter to the insurance company outlining liability, injuries, treatment, and a specific dollar demand.
  3. Insurance Response: The insurer investigates, reviews medical records, and responds with an offer (usually far below the demand).
  4. Negotiation: Back-and-forth negotiation, often over weeks or months, until both sides agree on an amount or reach an impasse.
  5. Settlement Agreement: Once agreed, you sign a release (giving up your right to sue) in exchange for the settlement payment.
  6. Payment: The check is issued to your attorney's trust account. After deducting fees, liens, and costs, you receive your net settlement.

What Affects Settlement Value

  • Injury severity and permanence
  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Fault allocation
  • Insurance policy limits
  • Strength of evidence

Frequently Asked Questions

Most cases settle within 6-18 months. Simple cases: 3-6 months. Complex cases: 1-3+ years.
No. You can reject any offer and continue negotiating or file a lawsuit.
Generally, compensation for physical injuries is not taxable. Punitive damages and interest are taxable. Consult a tax professional.

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