Most personal injury claims are settled without trial. Sometimes, a case proceeds to trial because there’s a contentious issue about liability (fault), or because the insurer does not believe the Plaintiff’s claims of injury. In general, however, with a little hard work, some compromise, and perhaps a mediation, common ground can be found.
When a case settles, it’s almost always because both sides have assessed the claim fully, and put their position in writing, for consideration. The process usually starts with the claimant making a proposal that addresses all the losses and damages. Counsel is in the best position to do this after some medical evidence has been gathered (usually, medical legal reports are obtained from treating doctors) and after the economic loss has been quantified.