Ever Wonder what Happens During a Personal Injury Claim Negotiation?
One of the more mysterious processes in a personal injury claim is the negotiation that takes place when a settlement offer is on the table.
If the negotiations go well, you will typically get close to the amount that you want, but if the negotiations are not conducted with expertise, you may have to accept a lower amount or proceed to trial.
We think it’s important for you to understand a few of the things that often happen during these negotiations so you have a better idea what to expect.
The Common Steps In a Personal Injury Settlement Negotiation
Although every settlement negotiation is different, some of the common steps include:
- Your lawyer sends a demand letter to the other side that includes the settlement that is considered fair under the facts and the law that applies to your case.
- The other side objects to some aspect of your demand. For example, they may think that your injuries may not have been causally related to the accident.
- Your lawyer counters these objections.
- The other side responds by making an offer that is usually much lower than what you asked for.
- Your lawyer compromises on some of the issues the other side raised, and counters with a lower settlement amount than the first one that was proposed, if appropriate.
- The other side typically increases their offer, but usually below what you asked for the second time.
- Your lawyer accepts the settlement or makes a counter-demand, if the settlement process is progressing.
- When and if negotiations break down, then a decision to either start or continue litigation must be considered.
- At some point your lawyer should be discussing the negotiations with you and working with you towards a satisfactory resolution.
- You must consent to the ultimate decision on whether or not to settle or go to court.
There is a lot of give-and-take in a personal injury claim settlement negotiation, but the key moment will come when your lawyer will either advise you accept the final offer, or take your chances in a court of law.
The truth is, most personal injury claims end up in a settlement, because insurance companies prefer to resolve disputes at a settlement value they deem appropriate. However, going to court is expensive and risky for both sides, and a reasonable settlement value is often in the best interest of all the parties, including the insurance companies who pay these settlements.
The Importance of An Experienced Law Firm
You are much better off having an experienced personal injury law firm help you get the best settlement during high-stakes negotiations. That’s because a track record of success provides the confidence necessary for that firm to walk away from negotiations that are not in your best interests. In fact, your lawyer should be ready and willing to go to trial if the deal on the table is not fair or reasonable. The team at Rosner Law Offices, P.C. has the expertise to negotiate the best settlement possible for you, as well as the resources necessary to proceed to trial if that is the best course of action. Please call us today at 856-692-6500 to schedule a free consultation.