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Negotiation is one of the most important phases in a personal injury case. Most claims don’t make it to court. Instead, they are settled through negotiation. This happens long before a judge or jury gets involved.
If you got hurt in Augusta because of someone else’s carelessness, knowing the negotiation process can help you make smart choices about your case. This way, you can get the compensation you deserve.
Negotiation is the back-and-forth between the injured party, usually a lawyer, and the insurance company or defense team for the at-fault party. The goal is to reach a fair and mutually acceptable settlement that compensates the injured person for their losses. This process can start at any stage. It may begin right after an accident or later, after a lawsuit is filed.
In most cases, negotiation starts when the injured party’s attorney submits a demand package outlining liability, injuries, and the amount of compensation sought. The insurance company reviews this package and responds with an offer, which may lead to several rounds of negotiation.
Timing is key in personal injury negotiations. A lawyer may wait until the client has reached maximum medical improvement (MMI) before beginning settlement discussions. This ensures the full extent of the injury is known and valued appropriately.
Negotiation may begin in the following scenarios:
Settlement negotiations may occur informally over the phone or in writing. In some cases, a formal mediation session with a neutral third party is scheduled to help both sides reach an agreement.
Several variables influence how negotiations unfold:
For example, if you are found to be 20% at fault for an accident and your damages total $100,000, your compensation would be reduced by $20,000.
Insurance companies are incentivized to minimize payouts. They may use the following tactics during negotiation:
An experienced personal injury lawyer knows these tactics well. They also know how to respond effectively. Your lawyer will challenge low offers. They will build a strong case and give good reasons for a higher settlement.
First offers are often calculated to settle the claim quickly and cheaply. Taking an early offer might mean giving up money for future treatment, long-term care, or lost earnings. Your lawyer will look over the offer. They will check your total losses and decide if more negotiation is needed.
If no agreement is reached, your attorney may file a lawsuit. Litigation does not necessarily mean your case will go to trial. Many claims settle even after a lawsuit is filed. This often happens during mediation or after new evidence comes to light during discovery. The threat of trial can motivate insurers to offer more reasonable settlements.
Every case is different. A straightforward claim with minimal disputes may settle in a matter of weeks. Severe cases with significant injuries, many parties, or disputes over blame can take months or years to resolve. The timeline also depends on the availability of medical documentation and the responsiveness of the insurance company.
The more compelling your evidence, the stronger your bargaining position. Essential materials include:
Writing a daily journal about your symptoms, limits, and feelings can help you track your non-economic damages.
If you were hurt in a car accident, a slip and fall, or another preventable incident in Augusta, a personal injury lawyer can help you negotiate. Legal guidance is key when dealing with skilled insurance adjusters who often undervalue claims.
A strong negotiator can make the difference between an inadequate offer and full compensation for your losses. Having a lawyer helps you get fair treatment. They also protect your right to claim damages for medical bills, lost wages, and suffering.
Do not underestimate the importance of strategic negotiation. Insurance companies count on claimants accepting less than they deserve. At Nicholson Revell Personal Injury Attorneys, we use decades of legal experience to challenge lowball offers and pursue the maximum compensation available for your injuries.
Whether your case settles early or heads toward trial, we’ll stand by your side every step of the way. Contact our Augusta personal injury lawyers today at (706) 722-8784 for a free consultation, and let us help you move forward with confidence.