Negotiating an acceptable settlement isn’t all that different from any other process of bargaining you may have been involved in. We’ve already initiated negotiations by having requested a lump sum via our demand letter. You can expect that the claims adjuster concerned will respond by questioning the amount that you claim in damages or where you were partially at fault.
They may attempt to argue that one or more of the responsible parties we are naming is not in fact liable for your injuries, or they may question the need for some of the medical treatment you received.
We will have the opportunity to respond and make an argument as to why the case we made in your demand letter is correct. The claims adjuster will then respond by offering a settlement amount that is probably significantly lower than the amount we requested as a lump sum, but we’re just getting started. Negotiations continue when we respond with a rebuttal and a request for a sum slightly less than the one for which you asked initially. This process continues until the insurance company offers you a sum that you and we consider to be fair or we decide to take your case to trial in order to obtain a favorable outcome.
Keep in mind that the primary factors concerned that will be addressed during negotiations include:
- Who was responsible for your injuries (and to what extent you yourself contributed to causing them)
- Whether or not your situation deserves to be covered under the terms of the insurance company’s policy
- How severe and long-lasting your injuries are
- How much medical treatment is or was truly necessary to address your injuries
There are some useful strategies we will adopt to increase your chances of receiving a fair settlement. We will diligently keep records of what happens during the negotiations process and be prompt when it comes to sending a claims examiner requested documents or other information. We will strike a balance between being too persistent and being too patient. If a claims examiner makes you an offer we believe to be fair based on our homework concerning the worth of your claim, you may choose to accept it. If not, we are on to the last phase of the claims process: civil litigation.