How the Negotiation Process Works in an Injury Case?

With the expertise and knowledge needed to successfully conclude an injury claim negotiation to the advantage of their clients, personal injury attorneys also use other resources to obtain maximum compensation for their clients. For example, they will submit a demand letter to the defendant’s insurance company providing information about the reasons behind the amount of compensation sought by their client. The initial demand letter written by a personal injury lawyer usually seeks compensation for a client’s injuries, pain and suffering greater than what is anticipated. Attorneys do this because they know the defendant’s attorney will respond by offering a lesser amount than originally requested.



How are Injury Case Counteroffers Negotiated?


The bulk of an injury case’s negotiation process involves the constant flow of offers and counteroffers. Depending on when and if the defendant’s attorney makes a decent offer to the plaintiff’s personal injury attorney, an injury claim negotiation can conclude within a few days or take several months. A critical aspect of the negotiation process is called “discovery”, or the ability of each attorney to obtain evidence from each other. The discovery phase is regulated by civil procedure rules and can help build cases favoring counteroffers.


What Happens When Both Parties Settle on a Compensation Agreement?


Settlement agreements are documents on which conditions governing the settlement are written. In addition to agreeing to the conditions of the settlement, both the plaintiff and defendant will agree on things like nondisclosure and procedures to follow in the event the agreement is breached. Demand letters and settlement agreements should never be signed by either a plaintiff or defendant in a personal injury case unless legal counsel has drafted and reviewed all documents. Even a minor error in any one document could invalidate the entire agreement and result in loss of a settlement for the injured party.


Don’t take chances trying to do your own injury claim negotiation. Consult with one of our personal injury attorneys who will determine if you have a viable case and proceed to initiate a claim on your behalf.