How to use this guide
Use the section links to find the records, deadlines, and questions most relevant to your situation.
Topic
The Settlement Timeline
The Process Explained
Start with
Phase 1: Treatment and Investigation
Use the section links to find the information most relevant to your situation.
Individual questions
Case-specific review
An attorney can address how the facts, evidence, deadlines, and governing law apply to a particular matter.
01
Phase 1: Treatment and Investigation
This is often the longest phase. Settling before prognosis and treatment needs are understood may waive future-cost claims, so many serious cases wait for medical stability before demand or settlement decisions.
02
Phase 2: Evaluating a Demand Package
Once the medical outlook is reasonably clear, the relevant records, reports, and wage-loss documents can be organized into a demand package for the insurer to evaluate.
03
Phase 3: Litigation, If Needed
If the claim does not resolve and filing suit is appropriate, litigation begins the court process.
- Discovery: Both sides exchange evidence.
- Depositions: Lawyers question witnesses under oath.
- Mediation: The parties may use a neutral mediator to explore resolution.
04
Phase 4: Trial
If a case does not resolve, litigation may continue to trial. The judge or jury then decides the disputed issues under the applicable law and evidence.
05
Review Early Settlement Offers Carefully
Insurance representatives may make early settlement offers before the medical record is complete. Before signing a release, review whether treatment, future care, work restrictions, available coverage, and released parties are fully understood.
Review the Record Early
Evidence can change quickly. Attorney review can help identify records, deadlines, and preservation issues.