Settling a Personal Injury Case

December 30, 2017

Georgia Personal Injury Lawyers Explain Settling a Personal Injury Claim

The parties in many personal injury cases worry that, if they agree to settle their claims, it is a sign of weakness. However, this is not the case. By working out a settlement agreement, whether it occurs in mediation or simply by negotiations through attorneys, the parties maintain control over their case and can save a great deal of time and money in the process. Mediation has proven successful in many lawsuits and legal claims, including personal injury cases. Even if the parties are hostile toward the idea of settling, often, after speaking with the mediator, these parties agree to compromise.

Is Settling a Case a Sign of Weakness?

If you are involved in a personal injury claim, you may be wondering if settling is a wise move. Our personal injury attorney in Atlanta reveals that, although many parties worry that agreeing to compromise and settle a case is a sign of weakness, in fact, it is often better than going to trial because the parties may determine exactly how they would like to settle the claim.

Settlement negotiations may occur in a number of ways. The parties may simply send letters back and forth through their attorneys that lay out a proposed agreement. They may use a third party, such as a mediator, to facilitate settlement discussions. No matter how a settlement is reached, it will provide numerous advantages for the parties.

In court, judges are often limited in how they will rule on a case. Judges follow established legal precedent when making a ruling, even if this precedent does not appeal to either party. Even if the parties do not like the judge’s decision, they are stuck with it. Of course, cases may be appealed, but appeals are only proper when some sort of legal mistake has been made—not because the parties do not like how the judge has ruled. When the parties settle, however, they decide how each issue in the case will be resolved.

It is no secret that the legal system in the United States does not move very fast. Cases may drag on for months, even years, and court dockets are notoriously backed up. When the parties agree to settle a case, they may shave months or years off of the time they spend in litigation. Since litigation may impede one’s ability to sell property, move to a new city, or start a business, concluding a case sooner rather than later provides many advantages.

When a case is settled, the details of the case remain private. Settlement negotiations are protected by the rules of evidence, which state that settlement negotiations may not be brought up in a trial and used against a party. However, in a trial, all witness statements and exhibits are transcribed and become public record. Most accident victims in a personal injury case do not like the idea of their medical records being examined by a jury and possibly even projected on a large screen for everyone in the courtroom to see.

Therefore, settling a case is not a sign of weakness. Instead, it is a way to maintain power and control over the outcome of a case, while limiting the amount of time one must spend fighting it. Many parties refuse to settle because they do not think they will get the outcome that they want—however, they are far more likely to obtain ideal results if they create a settlement agreement, rather than having a judge decide the outcome of the case for them. Since the conclusion will impact the parties for many years, it is wise to compromise, but only if a reasonable offer is made based on the facts and circumstances of what happened.

Put Our Law Firm's Over 33 Years Of Legal Experience To Work For Your Case!

If you or a loved one has been injured in an auto accident caused by someone else's negligence, contact Montlick & Associates today for your free consultation with an experienced Personal Injury Lawyers in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

Your Time to File a Claim is Limited By Georgia Law

There are time limitations for bringing a claim. Be sure to read our "Georgia Statute of Limitations" page for more information about important deadlines that effect your ability to file an injury claim. We also provide a "A Guide to Personal Injury Law in Georgia" that will help you better understand the laws the affect your case.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333  

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.