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At some point in the lifespan of most personal injury cases of merit the personal injury plaintiffs lawyer will make a demand of a certain amount of money to the defendant. If the case is a meritorious one(and sometimes even if it isn't a meritorious case!!!)the defendant will make a counter offer. Typically a certain amount of negotiation will take place. When the plaintiffs attorney is convinced that the "top dollar" has been offered for that case at that point in time the injury client will be confronted by a decision: should they take the offer and settle the case at this point or should they proceed onward toward trial? The personal injury lawyer must then make a cost-benefit analysis and discuss this with his client so that the personal injury client can make an informed decision on their best course of action.

As a general rule the longer a case goes on, the more it costs. Trials are often extremely costly. In addition to filing fees, there are deposition costs, expert witness fees, etc., to consider. Often (but not always) a smaller settlement will net the client a greater sum of money than a higher court verdict.Further, trials are risky and often unpredictable. Although an attorney can offer informed advice about their clients chances at trial, there are no guarantees. Settlements, on the other hand, are certain.

Is it likely that the case is worth so much more than the offer that it will be worth the additional expense and risks of proceeding?

Obviously, it remains absolutely essential that the personal injury lawyer is ready willing and able to go forward with litigation in order to have the best chance of receiving a fair settlement offer from defendant.

The foregoing are merely some general thoughts. There are other factors to consider based upon the twists and turns in the individual personal injury case. An experienced personal injury lawyer will have a detailed discussion with his client at an appropriate point in time in the case. The ultimate decision, settle or proceed onward, however, belongs to the personal injury plaintiff themselves.