Prior to filing an action for personal injuries or medical malpractice, a settlement package may be prepared and delivered to the defendant’s insurance company.  A settlement package may aid the insurance in settling the case prior to litigation. The settlement package should include medical bills and records, a copy of the accident report, copies of any photographs depicting property damage or personal injuries, the personal story of the injured party and any other information on damages sustained.

If an insurance company makes any settlement offer, the attorney is ethically obligated to convey the offer to the client.  The attorney should then explain whether the offer is reasonable and should be accepted or rejected.  The ultimate decision as to whether to reject or accept the offer belongs with the client.