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