53 Questions to Ask Before Accepting a Settlement

If you’ve been injured in an accident or are the victim of medical malpractice, you may be offered a settlement by the liable party’s insurance company. While it may be tempting to accept the first offer, you must remember that these offers are usually far below what the case is actually worth.

That’s why it’s important to have an experienced personal injury attorney on your side to negotiate a fair settlement on your behalf. Before you accept a settlement, you should ask yourself and your attorney a few important questions. Read on to learn more.

53 Questions you should ask before accepting a settlement:

  1. How much will my medical bills cost?
  2. How long will I be unable to work?
  3. What’s the amount of compensation for pain and suffering?
  4. How much will future medical care cost?
  5. What other damages am I entitled to?
  6. Are there punitive damages in my case?
  7. How much will it cost to take the case to trial?
  8. How likely am I to win in court?
  9. What are the risks of going to trial?
  10. How strong is the evidence in my case?
  11. Who will pay my costs if I lose in court?
  12. What’s the insurance company’s settlement history with similar cases?
  13. Have they under compensated other claimants in similar cases?
  14. How much has my lawyer recommended I settle for?
  15. Why does the insurance company want to settle now?
  16. What happens if I don’t accept the settlement offer?
  17. How much is my case worth?
  18. How long will it take to get a settlement if I go to trial?
  19. How long will the trial take?
  20. How much tax will I have to pay on the settlement?
  21. Will the settlement cover all my medical bills?
  22. Will the settlement cover my lost wages?
  23. How much of the settlement will I have to pay to my attorney?
  24. How long will it take for me to receive the money from the settlement?
  25. What if the other side doesn’t have insurance?
  26. What if the other side files for bankruptcy?
  27. What if I’m not satisfied with the settlement offer?
  28. What are my next steps?
  29. How much do I need to settle my case now?
  30. Can I afford to wait for a better offer?
  31. Am I prepared to go to trial if necessary?
  32. What’s the most important thing I need to consider in making this decision?
  33. What’s the likely outcome of my case?
  34. How long will it take to resolve my case if we go to trial?
  35. What’s the statute of limitations for my case?
  36. What are the terms of the proposed settlement?
  37. Is the proposed settlement fair and reasonable?
  38. How does the proposed settlement compare to what I could expect to receive if we went to trial and won?
  39. How much time do I have to decide whether or not to accept the proposed settlement?
  40. Can I negotiate a better settlement?
  41. What happens if I reject the proposed settlement?
  42. What happens if I do nothing and let the statute of limitations expire on my case?
  43. What are the strengths and weaknesses of the other side?
  44. Who will be testifying against me?
  45. What are the possible consequences if I lose?
  46. What are some common mistakes in a settlement?
  47. How can I protect myself from future legal action?
  48. What should I do if the other side breaches the settlement agreement?
  49. How much money can I expect to receive if I win at trial?
  50. How long will an appeal take if I lose at trial?
  51. What’s mediation and should I try it?
  52. What’s arbitration, and should I try it?
  53. What are the deadlines for filing paperwork in my case?

Frequently Asked Questions

What happens if you don’t accept the settlement?

If you don’t accept the insurance company’s settlement offer, there may be consequences for your case. For example, if you reject the proposed settlement and go to trial, the insurance company may present evidence that refutes your version of events. It may also try to undermine your credibility by pointing to previous claims or lawsuits you have filed.

If you don’t prevail in court, you may end up receiving less compensation than the insurance company originally offered. Therefore, it’s important that you carefully weigh all of your options before deciding whether or not to accept the proposed settlement.

What happens after a settlement is reached?

After a settlement is reached, the parties to the dispute typically go through a process of finalizing the terms of the agreement and putting them into action. 

This may include determining how to allocate any financial compensation that will be divided, resolving any outstanding issues or concerns, and working together to ensure that all parties are complying with their obligations under the settlement agreement. 

It may also be necessary to review and revise any legal documents or contracts that were affected by the dispute to ensure that they reflect the terms of the final settlement agreement. Once all of these steps are completed, both parties can move on with their lives free from the burden of the dispute.

Is a settlement taxable?

A settlement may be taxable under certain circumstances, depending on the type of settlement and the taxes payable. In general, settlements that involve a monetary award or other items of value may be subject to taxation if those items are considered income. 

Settlements that require a person to repay debts or fulfill other legal obligations may also be considered taxable under certain circumstances. To determine whether a settlement is taxable, it’s important to consult with an accountant or tax advisor who’s knowledgeable about the laws and regulations surrounding settlements and taxation.


These are just a few of the most important questions you should ask before accepting a settlement offer after being injured in an accident or due to medical malpractice. With the help of an experienced personal injury attorney, you can be sure to receive the full compensation you deserve.

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