Tampa, FL
Consultations available 24/7
KFB Law

Personal Injury: When is the right time to settle?

Reading Time: 2 minutes

by Marcus Fernandez
Auto Accidents, Motorcycle Accident, Personal Injury
sign agreement

Being in an accident can be overwhelming and it is understandable that you may want to settle your personal injury case quickly. Doctors visits balanced with home life, meetings with lawyers criss-crossed with soccer practice. When human emotion and injuries are mixed together, it can be difficult to assess when the settlement you’ve been offered is fair, and when is the right time to renegotiate.

Facts of Your Personal Injury Case

There are different factors that should be taken into account when determining when is the right time to settle. Most liability insurance carriers do not attempt to resolve personal injury cases without making a settlement contingent upon a full release of all claims. Therefore it’s important to reach a point of maximum medical improvement (MMI) before attempting a negotiated settlement. Having the basic answers to important questions before it’s time to attempt a settlement is key. Ask yourself:

  • What is the final diagnosis of my injury?
  • What has been the outcome of my medical care?
  • Have I suffered a permanent injury as a result of my accident?
  • Will I likely need future medical care or will I suffer ongoing lost wages?

The answers to these questions will directly affect how a case is evaluated in settlement negotiations. Settlement negotiations should not normally begin until the injured party can fully consider the long term effects of an injury.

[Tweet “Reach a point of maximum medical improvement before attempting a negotiated settlement.”]

The Rules of Settling Your Personal Injury Case

Once you begin to negotiate it is important to weigh all factors. Most initial demands and offers leave both sides room to continue negotiations. After a few conversations the position of the insurance company generally becomes clearer and the injured party, with advice of counsel, can begin to consider a settlement versus filing a lawsuit.

There are basic rules of negotiating that are followed that may seem familiar; negotiate with confidence on your side, argue the strong points of your case but be aware of weaknesses and remember to give yourself room to compromise. Even when your case is seeking a settlement from an insurance company, understand that you are still asking for another person’s money. In the majority of cases insurance companies aren’t eager to give money away unless the evidence is there to fully support a demand for settlement.

Emotional Decisions

Emotions are real and should be recognized, but understand those not injured will not have the same feelings. Your lawyer cannot heal your injury, but they can help with economic losses and compensation for pain and suffering. This naturally requires objective and financially smart decision making.
A personal injury case cannot turn back the clock. Ultimately, the successful prosecution of a personal injury case will only result in a financial settlement. It does become a financial decision in many ways, with the goal of paying expenses and providing as much of a financial recovery for the injured person as the case supports. It is important to be realistic with your goals while pursuing the best recovery.

 

Related Blog & News Posts

  • premises liability florida
    August 28, 2025

    What a Premises Liability Lawyer Can Do for You

    Know Your Rights After an Injury on Someone Else’s Property Injuries happen. But when they happen on someone else’s property because of unsafe conditions, the legal question becomes: who is responsible? If you’ve slipped, tripped, or been hurt due to negligence on another’s property, a premises liability lawyer can help you understand your legal rights…

  • dangerous roads for pedestrians in tampa
    August 28, 2025

    Dangerous Roads for Pedestrians in Tampa: A Guide to Staying Safe

    Tampa’s vibrant neighborhoods and nightlife attract a lot of foot traffic and come with risks for pedestrians. As personal injury attorneys at KFB Law, we’ve seen firsthand the dangers posed by some of Tampa’s most heavily trafficked roads, which are also prone to car accidents. Pedestrian accidents are often severe and can result in life-altering…

  • teen drivers
    August 28, 2025

    Safety Tips For Teen Drivers Returning To School

    Children standing with their parents waiting for the bus on the first day of school is a familiar scene throughout America. As the children get older, a different first day of school scene occurs as parents hand over car keys to their teenagers, who are driving to school for the first time. The freedom a…

Real Client Stories

We believe in providing exceptional service. Read firsthand accounts from clients who have entrusted us with their cases and experienced our commitment to client care.
Rating
This law office is undoubtedly my number 1 go to and recommendation for anyone. The team is caring and attentive to your individual needs and efficient in their work. Ive gone here fortunately but unfortunately one to many occasions but they’ve had me evey single time. I couldn’t ask for better service. Thank you.
T
Tracy grutman
Rating
This office assisted me in pursuing a case after a car accident and helped answer all of my questions. From start to end of the case (which was completed in 6 months!), I felt like Marcus had my back and truly was there to represent and advocate for me. 10/10 would recommend to anyone in need of legal support.
A
Addison Hobbs
Rating
Marcus Fernandez is the MAN with the plan…Kinney, Fernandez &Boire,P.A and the GANG Was A Miracle Blessings Too ME!!!!!I would recommend them to anyone…Special Thanks To Mrs.DEE She kept me Encouraged &Motivated the whole way through definitely GREAT PEOPLE TOO HANDLE BUSINESS WITH
O
O C
Florida Bar Certified

Need Immediate Help?

Questions can’t wait — and neither should you. Start a live chat or send us a text, and get answers fast from a real legal expert.
Free consultation — 24/7
Trusted by Leaders
Rating
Rated 4.9/5