When you have been hurt in an accident, the first instinct is usually to sue the at-fault party. However, many people do not realize that the majority of conflicts are resolved outside of court through a negotiations process.
Understanding the importance of negotiations in a personal injury lawsuit is key to getting the compensation you deserve without undergoing a long and expensive trial. Many lawyers prefer to negotiate settlements without a trial but offer aggressive representation when necessary.
What Happens During Negotiations
The first step in personal injury negotiations is to send a demand letter asking the other side to pay what is owed to you for the damages and injuries suffered. This demand letter will detail the nature of your injuries and your current and future expenses.
Sometimes this will be the only action you need to take, and the other side will simply pay what you are asking. If they do not agree with the terms of your demand letter, they may ask to enter into negotiations.
During the negotiations, you will share evidence about what damages you are seeking, including:
- Lost income from work
- Medical bills
- Lost future income
- Pain and suffering
- Any other related expenses that you have incurred as a result of the accident
The process of reaching a negotiated settlement can be short or long, depending on how quickly both sides can reach an agreement. If there are disputes over the amount owed, the two parties may go to trial.
In almost every personal injury case, you will be negotiating with the defendant’s insurance company. The insurance company will assign an adjuster who will review your evidence and decide the strength of your case.
Elements That Can Affect Your Ability To Negotiate a Settlement
Several factors may make it difficult for you to negotiate a settlement. If you are facing any of these complications, or other ones, go over these with your lawyer. Remember that each case is unique and warrants a different legal strategy.
If you need a personal injury lawyer in Atlanta Georgia, contact Evan Kaine to help fight your case. A lawyer with vast experience in the field has honed their negotiations skills. The legal expert you hire will fight for a fair settlement on your behalf and will make sure that you are pleased with the final offer.
Multiple Liable Parties
An accident can include multiple people or entities (like companies). If the fault is shared between two or more parties, it can be more difficult to negotiate a settlement that works for everyone.
Mitigating Circumstances
Specific circumstances surrounding the case may act to reduce your award. For example, if you were hurt and immediately after the accident you return to the gym and continue to lift heavy objects, despite your doctor’s orders, this will not bode well for your claim.
In this scenario, the other party may be less likely to meet your demands for damages, arguing that your actions are not in line with your statements. A severely injured person would not be physically apt to undergo an intensive workout. Instead, what is expected from someone recovering from an injury is to take it easy and focus on their healing.
Liability in Doubt
If there is doubt regarding the defendant’s liability, or if you share some blame for the accident, the other side may be less willing to negotiate. For example, if you slipped and fell from a ladder at work while intoxicated on the job, it may be harder to get the other side’s insurance company to pay your damages.
Why Negotiation Is Important in Personal Injury Cases
Negotiation can save time and money. Trials can be time-consuming and emotionally draining, and you may not get the outcome you expect. The bottom line is that if you and the other party cannot reach a favorable settlement, you will have to go to trial.
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
