Settlements for injuries involving broken bones, surgery, burns, closed head injuries and scars are generally higher than those for soft tissue injuries, even if the soft tissue injury is severe. In recent years jury awards and settlements have become more conservative. Many jurors are influenced by politics or by media campaigns financed by insurance companies. On the other hand, awards and settlements have trended higher in cases with proof of misconduct such as DWI, gross negligence or violations of safety rules. In claims involving serious injury or death the insurer may delay making its best offer until suit is filed and the trial date is near.
Many cases settle in mediation, usually court ordered after suit is filed and discovery is complete.
Unlike arbitration, mediation is non-binding. Success in mediation depends on thorough preparation by you and your lawyer and also a lot on the skill of the mediator. When the case is settled and the defendant is released, it's all over. You will not be asked to refund any of the money if you make a sudden miraculous recovery. And the case can not be reopened no matter how much worse your condition later becomes.