Deciding when to settle a personal injury claim is understandably one of the hardest decisions you would need to make in your personal injury claim. Regardless of whether it’s a car accident claim, workers compensation claim, medical negligence claim, public liability claim or even a TPD claim, in some circumstances, deciding when to settle your claim is important.
It is important because you of course want to know you are getting the maximum compensation you are entitled to but at the same want to settle it as quickly as possibly for the least cost as possible.


Although each claim is different and depends on your claim, you first need to ask the following questions:

  1. Is this the final offer?
  2. How long do I have to accept the offer?
  3. What does the offer comprise of?
  4. What deductions need to come out of the offer?
  5. What happens if I don’t accept?
  6. What are the risks?
  7. How long will my claim take to resolve if I do not accept?
  8. How much am I entitled to?
  9. How much more will legal costs be if I don’t accept, and my claim goes to determination?
  10. What do you as my lawyer think?


An example of the importance of asking just one of the above questions is what happens if your claim is worth more, but the legal costs mean the same or even less in your pocket? Then what is the point? You could have achieved a better result if you settled your claim at that point instead of proceeding all the way to determination which will take more time, cost you more and put your claim at risk in receiving the same or less. At the same time, it does not mean you should accept any offer or even a final offer just because. In many cases we have seen a much better result when a claim proceeds to determination than the final offer. What matters most is not just when you settle your personal injury claim but rather why you are settling your personal injury claim at that point. The last thing you want is to settle and then regret the settlement when it is too late.

How long does it take to settle my personal injury claim?

Although each claim is different there are certain similarities in when it is likely that your personal injury claim will settle depending on the specific circumstances. For example in every personal injury claim you should not generally settle your personal injury claim until your injuries have reached maximum medical improvement, also known as stabilisation. That generally takes 6 months from the date of your injury or the date of your last invasive treatment such as a cortisone injection or surgery, for physical injuries. That means that your claim should not settle within the first 6 months as then not all your injuries and the impact from those injuries have not been taken into account in your settlement. Another factor that determines when your personal injury claim is likely to settle depends on whether the party that you are claiming against has admitted or denied liability. If liability is admitted and you have not had surgery then generally speaking personal injury claims settle within 1.5 years from the date of the injury if they did not need to proceed to determination.

At Withstand Lawyers we pride ourselves in giving you straight forward and easy to understand legal advice to maximise your compensation claim. We will provide you with the clear answers so that you are in a better position to decide on what steps you would like to take regarding your personal injury claim and when you want it to settle. Our personal injury lawyers are conveniently located in both NSW & Western Australia.

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