Negotiation is an important part of resolving many legal disputes. It involves communication between two or more parties to reach an agreement that resolves their dispute. Negotiation aims to find a solution that satisfies everyone involved as much as possible.
Negotiation often happens between an injured person (the plaintiff) and an insurance company in a personal injury case. The plaintiff was hurt in an accident, such as a car crash, and wants compensation from the at-fault driver’s insurance company. The insurance company wants to pay as little as possible to resolve the claim. Negotiation helps both sides compromise to settle the claim.
Negotiation in Personal Injury Cases
Negotiations can be challenging to go through. Knowing what to expect can help make the process much easier.
The following are things to remember about negotiation in personal injury cases:
- Evidence matters: Strong evidence supports higher settlement offers. Police reports, medical records, bills, photos, and other documents help show fault and injuries. Keep thorough records.
- Estimate your losses: Calculate medical costs, lost income, property damage, and pain/suffering. This helps determine your minimum acceptable settlement.
- Exchange settlement offers: The plaintiff can make an opening demand. The insurance company might make a lower counteroffer. Offers can go back and forth until a number is agreed on.
- Don’t accept the first offer: Insurance companies often start very low. Be prepared to negotiate patiently for a fair amount.
- Highlight favorable facts: Point out facts that show the other driver was clearly at fault, your injuries are severe and ongoing, witnesses support your story, etc.
- Stay Calm: Negotiation is a business transaction, not a personal matter. Do your best to keep emotions out of it.
An experienced personal injury lawyer can negotiate more effectively by calculating claim value, communicating professionally with the insurance company, and taking the claim to court if needed.
The expenses typically negotiated in a personal injury settlement include the following:
- Medical expenses: Bills for hospitalization, doctor visits, surgery, physical therapy, prescription medications, and more.
- Lost income: Wages lost due to missing work during recovery or future lost earnings for permanent disabilities.
- Property damage: Repair or replacement costs for a damaged vehicle or other property.
- Pain and suffering: Compensation for physical pain, emotional distress, loss of enjoyment of life, etc.
It’s important to fully understand the damage you’ve suffered to know how much you can recover.
Key Steps in the Negotiation Process
Each negotiation is different, but some aspects are frequent occurrences in personal injury claim negotiations.
The following are key steps in the negotiation process:
- Open a claim: Contact the at-fault driver’s insurance company promptly to open a claim. Provide basic info on the accident first.
- Send a demand letter: Outline your losses, injuries, and the amount of compensation requested. Send documentation like medical records.
- Evaluate the initial offer: The insurer will likely offer much less than your demand. Compare to your estimated claim value.
- Make a counteroffer: Respond with a counteroffer higher than their initial offer but lower than your original demand. Explain why their offer was unreasonable.
- Exchange settlement offers: Offers typically go back and forth until both sides compromise on an amount. Don’t concede too quickly.
- Reach a settlement: When both sides agree on compensation, get the deal in writing. When this occurs, you can be compensated for your losses.
Typically, settlement is the preferred method of resolving a claim. Settlement can help avoid litigation costs, keeping the expenses low for both parties involved.
The Importance of Timing in Negotiation
Timing is everything, especially in personal injury cases. You don’t want to rush into a settlement too quickly. After an accident, it’s important to give yourself time to heal and understand the full extent of your injuries.
Once you settle, you can’t go back and ask for more money if you find out your injuries are worse than you thought. So, take your time and consult with medical professionals to understand your condition fully.
The Role of Insurance Adjusters
You’ll likely be dealing with an insurance adjuster from the at-fault driver’s insurance company. It’s important to remember that the adjuster’s job is to save the insurance company money. They might seem friendly, but they’re not on your side.
Adjusters may use tactics to get you to settle for less, like asking tricky questions or delaying the process. Be cautious and consult your lawyer before speaking with an adjuster.
The Power of Documentation
In the digital age, documenting evidence has become easier than ever. Use your smartphone to take pictures of the accident scene, your injuries, and any property damage. Videos can also be powerful evidence. The more you document, the stronger your case will be. This can include text messages or emails regarding the accident or your injuries.
The “Walk Away” Option
Sometimes, the best negotiation strategy is being willing to walk away. If the insurance company isn’t offering a fair settlement, your lawyer might recommend taking the case to court. This shows the insurance company that you’re serious about getting the compensation you deserve. However, going to court can be a long and stressful process, so weigh the pros and cons carefully.
Contact an Experienced Las Vegas Personal Injury Attorney
Having an experienced personal injury lawyer on your side can make a major difference in negotiating a favorable settlement. The lawyer understands claim valuation, evidence rules, and negotiation strategies. They know how to credibly communicate with insurance companies to maximize your compensation. If negotiations fail, the lawyer can file a lawsuit and argue your case in court.
Consider consulting a personal injury attorney before trying to settle your claim yourself. With the right legal help, you can recover the maximum compensation you deserve.
Contact De Castroverde Accident & Injury Lawyers at (702) 222-9999 to schedule a free consultation with our Las Vegas personal injury attorney.