How Are Personal Injury Settlements Paid Out?

Getting injured isn’t just painful—it’s overwhelming. Medical bills show up faster than you can blink, and missed work days start to weigh on your mind. If you’re reading this, you’re probably wondering: “How do personal injury settlements even work?”

Don’t worry—you’re in the right place. We’re going to break it all down for you, step by step, without drowning you in legalese. By the end of this guide, you’ll understand how personal injury settlements are paid out in Washington and what to expect every step of the way.

What Is a Personal Injury Settlement?

A personal injury settlement is basically a financial agreement between you (the injured party) and the person or company responsible for your injury (the defendant). Rather than going through a drawn-out trial, most personal injury cases end with both sides agreeing on a settlement amount—think of it as compensation for what you’ve gone through.

In almost every personal injury case, the defendant is represented by an insurance company that is making most (or all) of the decisions and paying all of the money for the settlement.

Here’s what the settlement funds usually cover:

  • Medical expenses—Because healing shouldn’t drain your savings.
  • Lost wages—If you’re too injured to work, your income shouldn’t take the hit.
  • Pain and suffering—You deserve compensation for the physical and emotional toll.
  • Other financial losses directly tied to your injury.

And don’t worry—you won’t have to go toe-to-toe with the defendant’s insurance company on your own. That’s where a good personal injury attorney comes in, fighting for a fair payout while you focus on healing.

Should You Take a Lump Sum or a Structured Settlement?

There are two common ways settlements get paid out, and each has its perks.

Lump Sum Payment

This is the “one-and-done” option. A lump sum payment gives you the entire settlement payout all at once. This is perfect if you’ve got pressing medical bills or need immediate access to cash for other expenses. Quick, simple, and done.

Structured Settlements

Prefer to plan for the long term? A structured settlement breaks the payout into smaller, regular payments over time. This can feel like a safety net, offering you a steady flow of income—especially helpful if your injury requires ongoing care or you’re facing a long recovery period.

The Settlement Process in Washington (Step by Step)

Step 1: File Your Personal Injury Claim

Washington law usually gives you three years from the date of injury to file a personal injury lawsuit (thanks to RCW § 4.16.080)  However, there are exceptions, so it is important to contact a personal injury lawyer about the specifics of your case to make sure you aren’t running any deadlines.  Also, this does not necessarily mean that you will have to wait three years to resolve your case.  Our goal is to maximize your recovery in the minimum amount of time it takes to get the best result. The sooner you get an experienced personal injury attorney involved, the better your odds of building a solid case.

Step 2: Negotiation Begins

This is where things get serious. Your attorney will handle the heavy lifting, gathering evidence, dealing with the insurance company, and negotiating on your behalf. Expect them to collect:

  • Detailed medical records
  • Proof of lost wages
  • Documentation of your pain and suffering

Personal injury attorneys are often able to assist you in resolving your case without having to file a lawsuit; however, if you do not agree with the defendant’s insurance company’s evaluation, an attorney can file a lawsuit on your behalf.  Their job? To get you a settlement offer that is fair under your particular circumstances, and to take the case to trial if necessary.

Step 3: Finalizing the Settlement Agreement

Once both sides agree on a payout, you’ll sign a settlement agreement. This document lays out all the details: how much you’ll receive when you get it and whether it’s a lump sum or structured settlement.  The agreement will typically release the defendant of any further responsibility, so it is important to have an experienced personal injury attorney review the document before signing anything.

Step 4: Getting Your Settlement Payout

Here’s the part you’ve been waiting for: getting paid. The funds typically go to your law firm first, where a few deductions will be made before you see the cash:

  • Attorney’s fees (agreed on beforehand, no surprises!)
  • Outstanding medical bills
  • Health insurance reimbursements (if any)
  • Reimbursement for case-related expenses
  • Any liens or other legal costs

Whatever remains? That’s your settlement payout—money that’s rightfully yours.

How Long Will It Take to Get Paid?

Here’s one of the biggest questions: “When will I get my money?”

Usually, you’ll get your payout within a few weeks after the agreement is signed. But don’t be surprised if delays pop up—especially if there are unresolved liens or paperwork delays with the insurance company. If you’re still undergoing treatment, it might take longer, but your personal injury attorney will help move things along.

What Factors Affect the Size of Your Settlement?

Every case is different, but here are some factors that typically influence the final settlement amount:

  • Severity of Injuries: More serious injuries usually lead to higher payouts.
  • Medical Expenses: Past and future care costs are taken into account.
  • Lost Wages: If you missed work (or can’t return to it), this matters.
  • Pain and Suffering: Emotional distress, loss of enjoyment of life—this isn’t just about physical injuries.
  • Insurance Coverage: In cases where injuries are significant, there may not be adequate insurance to cover the damages.  It is important to have an injury attorney investigate to discover all available insurance coverages.

Why You Need an Experienced Law Firm by Your Side

Handling insurance companies on your own? Not normally the best idea. An experienced personal injury lawyer will:

  • Tackle tough settlement negotiations
  • Navigate the complexities of legal paperwork
  • Make sure deductions are fair and transparent
  • Help to minimize deductions out of the settlement funds (for example: health insurance reimbursements)

They’ll fight for every dollar you’re owed to find its way to your bank account.

Contact Us for a Free Case Evaluation

You’ve got enough on your plate—let us handle the legal stuff. At Hess Injury Law, we’re here to guide you from your first phone call to your final settlement payout.

Contact us today for a free case evaluation—because you deserve more than just a settlement; you deserve peace of mind.

Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.

Author Bio

Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.

Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.

State Bar Association | Google