Why Personal Injury Claims Are Often Settled Out of Court

May 2, 2025

It can be life-altering when you are injured because of someone else’s negligence. Medical expenses pile up, missing work and losing wages can cause financial stress, and dealing with the legal system can be overwhelming and frustrating. If you are considering pursuing compensation for your injuries, understanding how the personal injury settlement process works can empower you to get started.

Many of these cases are resolved without ever needing to go to trial. In fact, most injury claims result in negotiated settlements that provide enough compensation without the need for lengthy litigation. In this guide, we go over everything you need to know about the process and how an attorney can help.

Steps in the Personal Injury Settlement Process

Step 1: Receive Medical Attention and Documentation

After an accident, your health should be your top priority. Even if your injuries seem minor, make sure to get medical attention as soon as possible.

Obtain medical records to serve as key evidence in showing the full extent of your injuries.
Follow any treatment plans, because gaps in medical care can be used by insurance companies to devalue your claim.
Keep records of the physical and emotional difficulties your injury causes, which can help strengthen your case.

It’s important to have documentation on file to help build a strong claim.

Step 2: Consult a Personal Injury Attorney

An experienced attorney can make a significant difference in the outcome of your case. Insurance companies often make it difficult to get the right payout; without proper legal representation, you might be pressured into accepting a lower settlement than you need to cover the extent of your injuries.

A personal injury attorney can assist you in a variety of ways:

They help you understand your rights, navigate the complexities of the legal system, and ensure your paperwork is filed correctly and on time.
Many injury victims underestimate how much their injuries cost, including future medical procedures, loss of earnings, and pain and suffering.
Insurance adjusters are trained and actively try to minimize payouts, but a skilled attorney knows how to push back for fair compensation.
A lawyer can be useful in analyzing evidence and finding the right witnesses and expert testimony to help strengthen your case.
Insurance companies will often try to shift blame, downplay injuries, or try to pressure you into settling quickly, which an attorney can shield you from.

At Wapner Newman, our legal team works hard to get our clients on a path to fair compensation for their injuries. Call (215) 569-0900 today to schedule a free consultation and discuss your legal options.

The Legal Process: What to Expect

Step 3: Filing a Claim and Gathering Evidence

Once you’ve hired an attorney to help with your claim, they will start by helping you collect evidence to bolster your case, including:

Police reports, accident reports, and witness statements
Photographs and video footage
Medical records and bills
Documentation about lost wages and time at work
Expert testimony if necessary.

Your lawyer will also write a demand letter to the at-fault party’s insurance company, which will outline what injuries you sustained and the settlement you require.

Legal representation can significantly improve your chances of securing a fair settlement for your personal injury case. An experienced attorney knows how to collect valuable evidence and counter insurance company tactics.

Step 4: Negotiation With Insurance Companies

Insurance adjusters will often attempt to settle injury claims out of court quickly and for as little as possible. An attorney is useful in these cases because:

They will ensure a settlement offer covers everything you need, including medical costs, lost wages, pain and suffering, and any future expenses.
Attorneys will negotiate aggressively and push for maximum compensation.
If a fair offer isn’t reached, they will prepare for a lawsuit if necessary.

Ultimately, hiring a lawyer ensures your rights are protected and you aren’t pressured into accepting an unfair settlement.

How Long Does a Personal Injury Settlement Take?

While it isn’t unheard of for an injury claim out-of-court settlement to be wrapped up within a few weeks, others can take months or even years. The timeline depends on a number of different factors, including:

The complexity of the case
The severity of the injuries
The willingness of an insurance company to negotiate fairly
Whether it is necessary to go to court.

Understanding the timeline of personal injury claims can help you set realistic expectations for your own settlement.

Navigating a personal injury claim can be challenging and tedious. Securing legal representation ensures you have an advocate in your corner fighting for your best interests, no matter how long it takes.

When Do You Have to Go to Court?

The majority cases handled through the personal injury settlement process can be resolved without having to step foot in a courtroom. When an insurance company refuses to offer a reasonable settlement, your attorney may recommend filing a lawsuit. Going to court can ultimately lead to higher compensation if a jury rules in your favor and provides legal recourse when negotiations fail. However, this will usually extend the timeline of your claim.

Strategies for Strengthening Your Case

Receiving full compensation for your injuries can be life-changing, especially when you are recovering. To improve your chances of receiving the benefits you need, you should:

Seek medical attention immediately and follow any recommendations that are made by your doctor or other medical professionals.
Avoid speaking with insurance companies without having legal representation.
Document everything related to your injury, from medical visits and bills to pain logs and how it impacts your day-to-day life.
Work with an attorney throughout your entire case to ensure you aren’t settling for anything less than what you deserve.

Being proactive and taking the appropriate steps can significantly improve your chances of a successful claim.

Get Help With Your Personal Injury Claim

The personal injury settlement process can be overwhelming and stressful for anyone, but you don’t have to do it alone. Whether you are negotiating a settlement with your insurance company or preparing to go to court, Waper Newman is here to help you fight for your rights.

Call (215) 569-0900 to start working with an experienced attorney, take control of your case, and pursue the compensation you deserve.