A Settlement Offer: To Accept or Not to Accept

November 14, 2017 Personal Injury

The majority of personal injury claims are resolved by settlement prior to going to trial. At Matthew G. Miller, roughly 65% of all cases we handle are resolved by settlement without filing a lawsuit. In the event that we do file a lawsuit, roughly 10% of those cases go to trial. While most cases are settled — if a favorable settlement cannot be reached, we are not afraid to take your case to trial. We are seasoned Nebraska personal injury attorneys and we are known in our industry for taking cases to a jury verdict.

A Settlement Offer: To Accept or Not to Accept

A settlement agreement means you agree to accept a specified sum of money, and in exchange you give up your right to pursue further legal action in connection with the accident or injury.

Once a settlement offer is accepted, that is the end of your claim. If new information is discovered later (such as your injuries being more extensive that you originally thought), you cannot seek further compensation.

Understand that accepting or rejecting a settlement offer is always up to you. Your attorney can advise you based on their legal knowledge and expertise, but they cannot make the decision for you.

If you do not have representation and are considering accepting a settlement agreement, we strongly urge you to consult with an attorney before accepting.


There are a number of things to consider when evaluating whether to accept, reject, or counter a settlement offer. The following list gives a broad overview of some important considerations.

  • What your personal injury attorney believes your case is worth and what damages may be received with a favorable jury verdict after trial.
  • Your chances of winning at trial.
  • The strength of your case and evidentiary support; the strength of your opponent’s evidence.
  • The policy limits of the defendant’s insurance coverage and his or her personal monetary resources.
  • The minimum amount you would be comfortable accepting to avoid going to trial.
  • Consider what your bottom line is — what will you accept to avoid taking the risk of going to trial?
    • Even with the best representation, there are no guarantees at trial.
    • Trials are open to the public. Consider what personal information may be revealed at a trial.

The foregoing list is by no means exhaustive. A personal injury attorney in Omaha can help you evaluate a settlement offer as it pertains to your circumstance and the specific facts of your case.


Do not settle your claim too soon. We understand that you may need the money to help absorb the costs associated with your injuries, but it is critical that you understand the full extent of your injuries before agreeing to any settlement offer.

Once you accept a settlement offer, that is the end of it. If your injuries later turn out to be more severe than you originally knew, you will not have the right to further recovery to fully compensate you.

Omaha Personal Injury Attorney

If you’ve suffered serious injury and have a long-term impact from an accident, you need to make sure that you’re compensated fairly. Hire an attorney who knows the serious effects that this accident will have on your life, health, and your ability to work in the future.

Fill out this web form for a no strings attached free personal injury case consultation. You will speak directly with an attorney at Matthew G. Miller. During the free personal injury case consultation, our goal is to understand your situation and educate you on your legal rights.

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Matthew G. Miller serves clients throughout Eastern Nebraska and parts of Western Iowa including Douglas County, Sarpy County, Lancaster County, and Pottawattamie County, as well as the cities of Omaha, Lincoln, Bellevue, Papillion, Fremont, Blair, Elkhorn, and Council Bluffs.