Many accident claims can be resolved without the need of filing a lawsuit. These are generally where the accident facts are clear and the extent and nature of the injuries is not in question. Sometimes the answer as to whether to settle or file a lawsuit is easy. However, other times a very detailed analysis needs to be conducted before a decision is made on whether to accept the settlement offer or file a lawsuit. The main factor is whether the pre-suit settlement offer is fair. If so, then a settlement usually occurs. If not, then litigation is absolutely necessary. Part of an injury attorney's job is to offer advice and guidance as to this decision.

If the injured party decides to settle the case, the settlement check will soon arrive and a release will be signed. Once the release is signed, the claim is over for good and there can be no reopening of the claim if the injured person's condition worsens in the future. A settlement is a final and permanent decision.