04/22/2026
The Second Biggest Mistake in Personal Injury Claims: Settling Early
A lot of the big personal injury firms that advertise on billboards make their money by settling a lot of cases early and before people fully understand the extent of their injuries or future medical needs. I am all in favor of early settlements as long as your are fully healed. In reality, there are a lot of less serious injury cases and a lot of serious injury cases. Mostly, serious injury cases cannot be settled before filing a lawsuit because we are seeking too much money.
If you don’t have an attorney working for you, consider why an insurer is trying to settle with you? Often people without attorneys get only a fraction of their case’s value.
Once a case is settled, it cannot be reopened, making timing a critical factor in securing fair compensation. If you are working with a lawyer, you should understand:
• Why insurance companies push early settlements: to save money on cases that they know they will have to make payments on.
• You only get one chance to make and settle a claim. Settlement ends the claim and all future pain and suffering is not their responsibility.
• Why medical clarity is critical before settling: You don’t want to have a condition that needs surgery in a year, but you settled for a sprained back.
• When it actually makes sense to settle: When you know your injury is fully healed or will be healed without further care or it’s a smaller case and litigation does not make sense.
If you have a serious injury like a broken nose, usually that will heal without surgery. We can put a value on that, say $100,000 and get your case settled if there is an offer near that amount. But, with back pain or shoulder injuries or other things that tend to take time to heal and recover, you should be careful about settling early. Sometimes, back injuries need surgery. Shoulders and necks too. Other times they do not, but you won’t know in the first months or so. So, some patience is required. Even though you may not get quick money.
The first biggest mistake in personal injury claims is not getting a lawyer involved immediately.
This episode addresses why you should take time to settle your case and why the insurance company wants you to settle early to me as an injury lawyer. https://neuwirthlaw.com/askandysc/