When should I accept an offer to settle a personal injury claim?

Updated: 3 Oct, 2025
By Chris Salmon

Insurance companies will use various strategies to minimise the amount they pay out in compensation. You may receive several offers during the process, sometimes even before you start your claim. So how do you know when the best time to accept an offer is?

The purpose of compensation

The purpose of compensation is to put claimants back in the position they would have been in had the accident not happened. A settlement should cover:

• Pain, suffering and loss of amenity
• Medical procedures and treatments
• Financial losses such as lost wages and expenses
• Future care and support costs

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Types of settlement offers

An estimated 99% of personal injury claims settle out of court. Offers can be made before a claim begins, during negotiations, or right up to trial. The key is to understand the type of offer and its implications.

Pre-Medical Offers

A Pre-Medical Offer is made before you undergo a medical assessment. These are common tactics by insurers to settle quickly and cheaply. Although tempting, these offers rarely reflect the full value of your claim. Without a medico-legal report, it is impossible to calculate the true cost of your pain, future treatment needs, or long-term financial losses.

Example: A 30-year-old seriously injured worker offered £600,000 might think it generous. But if their annual salary was £30,000, over 40 years the lost earnings alone would total £1.2m. Accepting too early could leave them under-compensated for life.

Offers during the claim process

Once a solicitor is instructed, insurers often increase offers. These may still fall short of the claim’s true value, but they are usually higher than pre-med offers. Your solicitor will assess whether an early settlement is in your best interest, considering medical reports and liability evidence.

If the defendant accepts part liability, you may receive an offer reduced for contributory negligence. For example, if both parties were equally at fault, you might be offered 50% of your potential award.

Part 36 Offers

A Part 36 offer is a formal tactic under the Civil Procedure Rules. It is “without prejudice” and aims to encourage settlement. If you reject a Part 36 offer and the court later awards you less, you could face paying the defendant’s legal costs and receiving the lower sum. These offers must usually be accepted within 21 days.

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If you cannot work and need urgent funds, insurers may try to exploit this by offering a low settlement. However, your solicitor can apply for an interim payment to cover immediate needs without jeopardising your full claim.

Have you received an offer without legal advice?

If you have been contacted directly by an insurer offering a pre-medical settlement or recommending their own solicitor, seek independent legal advice first. Initial consultations are free, and a solicitor can tell you whether the offer is fair or far below what your claim is worth.

FAQs about settlement offers

New to claims? Start with our work injury claim guide, or see the full work injury claim FAQs.

Can I change my mind after accepting an offer?

No. Once you accept a settlement, it is usually considered a full and final settlement. You cannot make another claim for the same injury, even if your symptoms get worse later.

What happens if I reject all offers?

If you reject every offer, your case will continue. Your solicitor may keep negotiating with the insurer or prepare to take your case to court. The vast majority of claims still settle before reaching trial.

Is it ever worth accepting an early offer?

Sometimes, yes. If your medical prognosis is clear, your injuries are minor, and you want a quick resolution, an early offer might be fair. However, most claimants receive more by waiting until medical evidence is complete.

What if I urgently need money but don’t want to settle too soon?

Your solicitor may apply for an interim payment. This is an advance on your compensation that allows you to meet urgent costs without settling your claim prematurely.

How can I tell if an offer is fair?

A fair offer will reflect your pain, suffering and loss of amenity, along with your financial losses and future care needs. Your solicitor will compare the offer against medical evidence and guidelines like the Judicial College Guidelines before advising you.

Have you been injured at work?

If you have been injured at work in the last 3 years, you may be able to claim financial compensation.

Find out more about making a work accident claim:

• Do you qualify?
• How much compensation could you get?
• How does No Win, No Fee work?

Read more: Work accident claim guide

One quick call can give you clarity and confidence about your options after a work accident. A specialist advisor will:

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• Explain clearly how No Win, No Fee works
• Connect you with the right solicitor for your case

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About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

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Last reviewed October 2025 by Chris Salmon