Personal Injury Settlement

Oftentimes, personal injury cases are resolved in “settlements”—resolutions between disputing parties that occur either before or after court action begins. The personal injury settlement process begins with the plaintiff’s demand letter, which sets the tone for the negotiations that follow. In each demand letter, the plaintiff includes a dollar amount that they would accept in order to resolve the claim and release the defendant from liability. Given the high stakes nature of personal injury claims, plaintiffs are advised to consult with their lawyers before determining an appropriate dollar amount for their settlement.

Coming up with a number

Though there’s no set formula for determining settlement amounts, most lawyers consider the same factors in their analysis. Since injured individuals need to receive compensation for both medical treatment and lost income, lawyers generally add a certain range to these amounts in order to come up with a final number. The size of this added range often depends on several factors including (but not limited to) the following: how obvious the defendant’s fault is, whether there are witnesses, whether a jury’s sympathy will be for or against you, and how willing you are to be patient with the legal process.


As the Attleboro personal injury attorneys explain, most lawyers state an extremely high settlement amount in their initial demand letter with the knowledge that it will get lowered throughout the process of negotiation. However, it’s also important to not state an over-aggressively high amount, for the defense might decide that they would rather fight the charge than settle.

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