A settlement is an agreement voluntarily entered in to by the parties in a personal injury lawsuit. As a practical matter, a settlement can be reached before or after a lawsuit is started. While the vast majority of civil cases settle before going to trial, the facts of a particular case and the strength of the evidence supporting a claim for damages are factors lawyers weigh in deciding whether or not to settle a claim. Some claims settle on the eve of or during a trial while other cases never reach a settlement and proceed to trial. vast majority of civil cases settle