Questions to Ask Attorney About Settlement
Questions to ask your own attorney when a settlement offer arrives, covering what you would actually receive, what you give up by signing, the cost and timing of continuing, and their recommendation.
The questions
Open any question for the note
What exactly is on the table, and what would I have in hand after everything is paid?
Why ask it
The gross figure is rarely what you receive. Ask for the net after the contingency fee, case costs, and any liens, because that is the only number you can compare against the alternative of continuing.
Can I see that broken down in writing before I decide?
Why ask it
A written breakdown surfaces costs people forget: expert fees, filing costs, records, deposition transcripts. Any hesitation about putting the arithmetic on paper is worth pausing over.
What liens or reimbursement claims have to be paid out of this?
Why ask it
Health insurers, government programs, and medical providers can have a right to be repaid from your recovery, which can take a large share. Ask whether those amounts are final or still being negotiated down.
Is any part of this taxable?
Why ask it
Different components can be treated differently, and interest or amounts for lost wages may be treated unlike compensation for physical injury. Ask whether you should speak to a tax professional before signing rather than after.
What am I giving up if I sign: which claims, against whom, and for how long?
Why ask it
Releases are often broader than the dispute, covering related parties and claims you have not thought about. Read the scope, because signing ends the matter permanently even if things turn out worse later.
Does this cover future treatment or losses connected to the same injury?
Why ask it
If your condition worsens after you settle, you generally cannot return for more. Ask what the offer assumes about your future care, and whether any part is set aside for it.
Is there a confidentiality or non-disparagement clause, and what would it stop me from saying?
Why ask it
These clauses can restrict telling your own story, sometimes with a financial penalty. Ask whether family, an accountant, or a future employer falls inside the exception.
How long do I have to decide, and does the offer expire?
Why ask it
Deadline pressure is a negotiating tactic as often as a real constraint. Ask whether the date is genuine, what happens if it passes, and whether an extension has ever been refused in their experience.
What do you think the case is worth, and how did you arrive at that?
Why ask it
You want the reasoning: comparable outcomes, the medical evidence, the defendant's conduct, the venue. An answer that is only a number tells you nothing about whether this offer is close.
What are the realistic outcomes if we do not settle, including losing?
Why ask it
Ask them to describe the bad version out loud, not just the best. A trial can end in less than this offer or in nothing at all, and an attorney unwilling to say so is not helping you weigh the choice.
What are the weak points in my case that the other side is relying on?
Why ask it
Every case has them: a gap in treatment, a prior injury, an unhelpful witness, something you posted. The size of an offer is usually explained by these, and knowing them makes the number legible.
What would it cost to keep going, and who pays those costs as they come up?
Why ask it
Experts, depositions, and trial preparation can add a large sum, usually recovered from any award. Ask what happens to those costs if you lose, since some agreements leave the client responsible.
How much longer would trial and any appeal take?
Why ask it
Ask for calendar time, not effort. Hearing that the alternative is another eighteen months or more, with an appeal on top, is often what makes a lower certain figure the better choice.
If we say no, can this offer come back, or does it usually get worse?
Why ask it
Their read on the other side's pattern is genuine information you cannot get elsewhere. Ask what they expect the next number to be and what would have to happen to move it.
Who is actually paying, and can they pay a larger judgment?
Why ask it
If an insurer's policy limit is close to the offer, a bigger verdict may be uncollectable, which changes everything. This is one of the strongest reasons to accept a figure that looks low on paper.
When would the money actually arrive, and what happens between signing and payment?
Why ask it
Release, insurer processing, lien resolution, and trust account disbursement all take time, often weeks or months. Ask for the sequence so you do not make financial commitments against money that is not there.
Would payments over time make more sense for me than a lump sum?
Why ask it
Structured arrangements can help with long-term care needs or protect someone from spending the money quickly, and they have different tax treatment. Ask who benefits and who is selling the product.
How would this affect benefits I receive, such as disability or health coverage?
Why ask it
A lump sum can disqualify someone from needs-based programs, sometimes for a long period. If you receive any public benefit, raise it before signing, because planning tools exist but only in advance.
What would you do if this were your case?
Why ask it
It reframes the advice as a decision rather than a menu of options. A good attorney will answer with reasons and still make clear the choice is yours.
What do you need from me to move forward either way?
Why ask it
This closes the meeting with concrete steps: signatures, documents, an updated medical record, a call to your insurer. It also confirms you both agree on what was decided.
Weighing a settlement offer
Practical guidance for the conversation itself
Compare like with like
Reduce both options to a net figure and a date
Write the offer as money in your account and roughly when. Write the alternative as a range, minus the extra costs, delayed by the realistic timeline, and multiplied by your chance of winning. The comparison people avoid making is usually the one that decides it.
Count the things that are not money
Ending the case stops depositions, medical examinations, and having your life examined in public. Some people would pay for that and should say so out loud when weighing a lower offer.
Get the lien numbers before you decide, not after
An offer that looks adequate can shrink substantially once reimbursement claims are settled. Ask for the current figures and whether they are being negotiated, because that work often adds real money to your side.
Reading the document
Read the release, not the summary
The number is one line, and the rest of the document defines what you are giving up. Take it home and read the parties, the scope, and any clause about confidentiality or future claims.
Ask what happens if they do not pay
A settlement is a contract, so ask what enforcement looks like and whether payment is tied to a dismissal you cannot undo. Instalments over time deserve particular attention here.
Check who else is bound
Some agreements bind a spouse, an employer, or anyone claiming through you. If someone else has a related claim, find out whether signing affects it.
What goes wrong
Deciding while the offer is being read to you
Nearly every offer allows a day or two to think. Ask for time as a matter of routine, because fatigue and relief are poor conditions for a permanent decision.
Treating the gross figure as your money
People commit to a car or a debt payoff based on the headline number and are then shocked by the net. Wait for the written distribution statement before promising anything to anyone.
Not asking about your own benefits
Attorneys handling the injury claim may not raise the effect on disability or health coverage unless you tell them you receive it. Volunteer that information early.
Discussing the offer publicly
Posting about the case or the amount can weaken your position and may breach a term you are about to accept. Keep it between you, your attorney, and the people who need to know.