Settlement Planning Should Begin Before the Settlement
At this year’s AAJ Annual Convention in Chicago, one theme surfaced repeatedly across sessions and conversations: the decisions made before a case resolves often shape the client’s life long after the legal work concludes.
For plaintiff firms, this creates an important operational question:
At what point does settlement planning enter the case strategy?
In many firms, the conversation begins once mediation is approaching or a resolution appears likely. By that stage, critical decisions may need to be made quickly, while the attorney, client, family, and financial professionals are all working within a compressed timeline.
Earlier coordination gives the legal team more time to understand the client’s circumstances, identify potential complications, and build a thoughtful transition from litigation to life after settlement, helping attorneys feel confident in their strategic decisions.
That was one of the clearest takeaways for Mirena Umizaj Dumas, Kimberly Collins, and Rush during AAJ Annual 2026.
A Settlement Resolves the Case and Begins the Next Chapter
Plaintiff attorneys spend years developing evidence, establishing damages, and communicating the full impact of an injury. The settlement planning process should carry that same depth of understanding forward.
An award may need to support medical care, housing, caregiving, education, family responsibilities, and long-term financial stability. Decisions made during settlement can also affect public benefits, tax considerations, future income, and the client’s ability to adapt as circumstances change.
These issues become harder to address when the planning process begins under deadline pressure.
Bringing settlement professionals into the conversation earlier creates space to:
Understand the client’s immediate and long-term needs
Identify benefit-preservation considerations
Explore appropriate settlement structures
Coordinate with the client’s broader advisory team
Help the client and family understand their options
Prepare for the practical transition that follows resolution
This early preparation results in a more informed client experience and helps prevent late discovery of important considerations, ultimately improving decision timing and outcomes.
The Full Impact of an Injury Must Inform the Plan
During AAJ, Rush attended a session on traumatic brain injuries that examined how a life-changing injury affects an entire family.
The consequences often extend into relationships, caregiving responsibilities, employment, emotional health, daily routines, and future opportunities. Family members may take on new roles, leave the workforce, or make significant changes to support the injured person.
A legal strategy captures these realities as part of the damages story. A settlement plan must account for how those realities will continue after the case ends.
That requires asking detailed questions early:
Who will provide care now and in the future?
How could the client’s housing needs change?
Which benefits or services does the client currently rely on?
What expenses are likely to increase over time?
Who will help the client make and implement financial decisions?
What does stability realistically look like for this particular family?
The answers can influence the options presented at settlement and the professionals who need to participate in the planning process.
Earlier Planning Strengthens the Firm’s Process
Settlement planning should be part of a repeatable firm process rather than dependent on an attorney remembering to make a referral at the right moment.
For managing partners, this is an opportunity to examine how the firm currently prepares clients for resolution.
Three questions can help identify gaps:
1. When Does the Firm Identify Cases That May Require Planning?
Cases involving minors, catastrophic injuries, public benefits, complex family circumstances, substantial future medical needs, or significant recoveries may require specialized planning.
Establishing internal criteria allows the team to identify those matters earlier and begin coordinating before deadlines begin to narrow the available options.
2. Who Owns the Introduction?
Clients are more likely to engage with the planning process when their attorney explains why it matters and introduces the settlement professional as part of the broader team.
The firm should determine who makes that introduction, when it happens, and how the value of planning is communicated to the client.
3. Is Settlement Planning Integrated Into the Case Workflow?
A defined workflow can include planning checkpoints before mediation, during demand preparation, or when future damages and client needs become clear.
The right timing will vary by case. A consistent process helps ensure the conversation happens when it can provide the greatest value.
Collaboration Must Begin Earlier
AAJ Annual 2026 reinforced how much the plaintiff bar benefits when attorneys and specialized professionals share knowledge and coordinate around the client.
Mirena had the opportunity to hear John Romano and Tim Whiting speak about the experiences and sense of purpose that drive their work. Their remarks reflected the deeply human responsibility plaintiff attorneys carry throughout a case.
That responsibility continues through the client’s transition into life after litigation.
Settlement professionals can help attorneys anticipate that transition, communicate complex choices, and create a plan shaped around the client’s actual circumstances. Their involvement becomes more useful when there is time to understand the family, prepare appropriate options, and coordinate with everyone involved.
A Practical Next Step for Firm Leaders
Managing partners should review a sample of recently resolved cases and ask:
When did settlement planning first enter the conversation?
Were any important client considerations discovered late?
Did the attorney have a consistent process for introducing the planning team?
Did the client have enough time to understand the available options?
What could the firm formalize before the next major case reaches mediation?
This review can reveal where a simple workflow, earlier referral point, or stronger professional partnership could improve the client experience.
The work completed in litigation creates an opportunity for the client to move forward. Thoughtful planning helps turn that opportunity into a sustainable next chapter.
At Mirena and Company, we work alongside plaintiff firms to bring settlement planning into the case at the point when it can provide the greatest value.
If your firm is reviewing how and when settlement planning fits into its case strategy, we welcome the conversation.
