Few personal injury cases ultimately make it to trial. Instead, most are resolved out of court through a process of negotiation. You can win higher compensation by improving your negotiation position, but how exactly do you go about this?
The Basics of Settlement Negotiations
What exactly is a settlement negotiation?
In personal injury cases, a court is the ultimate authority. If the case progresses past a point where the parties involved can’t reach a mutual agreement, a judge or jury will decide the outcome. Most people are familiar with this concept, but they may not understand that court cases are extremely complex, time consuming, and expensive for everyone involved.
Accordingly, there’s significant pressure on both parties to come to a mutual agreement long before the case would ever go to trial. Even if it means taking a slightly smaller settlement or making concessions you aren’t super comfortable with, negotiating for a settlement is typically a better option than battling things out in a courtroom.
After a claim is filed and both parties present evidence, the parties typically enter a process of negotiation. The defendant will likely, with their lawyers, make a settlement offer in the hopes of reaching a mutual agreement. If the plaintiff doesn’t like this offer, they can make a counter or enter further discussions to review individual points.
In this process, you’ll be represented by a lawyer. Your lawyer is going to help you understand the context of your case, determine what a fair settlement might look like, and represent you in ongoing communications affiliated with the settlement negotiation.
The negotiation process usually stretches for weeks at minimum and might last for months or even years in complex cases. It can be a stressful and challenging time, but it’s important to remain patient to make sure you can reach a settlement that’s fair and reasonable to both parties.
How to Improve Your Position in Personal Injury Settlement Negotiations
What measures can you implement to improve your position in personal injury settlement negotiations?
- Gather as much evidence as possible. First, you should do your best to gather as much evidence as possible. The more documentation, footage, and other pieces of evidence you can bring to the table to support your claim, the better. Your lawyer can help you with this process, but you’ll still be responsible for doing some of the legwork on your own.
- Think outside the box for damages. There are many types of potential damages in a personal injury case. You may be entitled to compensation for things like medical expenses, prescription medications, and lost wages, but you may also qualify for compensation for things like subjective pain and suffering or loss of consortium. Again, your lawyer can help you understand these terms and determine whether your specific claim merits them. In any case, you’ll need to think outside the box for damages if you want to maximize your settlement offer.
- Hire the best possible lawyer. As you’ve likely already determined, a good lawyer is indispensable in these circumstances. You should hire the best possible lawyer you can afford, so they can fight on your behalf and help you get the settlement you desire. Just keep in mind that even the best lawyers can’t change the facts and can’t change the law.
- Be patient. Take a deep breath and exercise patience. Negotiation is often a battle of wills, so if you accept the first settlement offer you receive, or if you want to cash out quickly, you might minimize your potential compensation.
- Prepare to push back. Along similar lines, prepare to push back. Your lawyer is the one representing you, so don’t be afraid to reject the first offer and make a counter.
- Prepare for a potential trial. Only a small percentage of personal injury cases ever make it to trial, for reasons we’ve explored above. However, you can and should be willing to go to trial if you can’t reach an acceptable settlement offer, assuming your lawyer is on board with this potential eventuality. If you’re fully prepared to go to trial, you’ll be able to negotiate harder and potentially receive a bigger settlement.
- Listen to your lawyer’s advice. At the end of the day, your lawyer is going to be in the best possible position to guide you and help you make decisions. They’re a trained, experienced professional in this field, so you should listen to their advice carefully, even if that means accepting a settlement you personally think is too low.
Reaching a mutually agreeable settlement can be challenging, but it’s still far better than the alternative of going to court. It can be stressful, trying, and confusing, but with the help of a good lawyer, you can maximize your chances of victory – and ultimately maximize your payout.
