For anyone injured in an accident caused by someone else’s negligence or carelessness, a personal injury claim can allow injured victims to be compensated. While the accident victim has a legal right to seek damages, the other side might not agree. Insurance companies, too, might not be willing to pay what the claimant is asking for. Negotiation is the process used to talk about the case and find a way to settle the claim.
Negotiating on your own can be risky. Insurance companies are well-trained to minimize or deny accident claims. Defendants and their attorneys will also fight back when you push for monetary damages. An experienced Atlanta personal injury attorney can help you fight for the fair payment you deserve after being injured in a serious accident.
Understanding Negotiation in a Personal Injury Claim
When a personal injury claim is filed after an accident, the negotiation process begins. Most personal injury claims and lawsuits settle without going to a court trial. However, getting from the initial claim to a final settlement can take some work and time. From start to finish, negotiations can take anywhere from several weeks to several months. The facts of the accident and the evidence involved can play into how long it takes to settle a personal injury claim.
Negotiations can involve several key steps:
Settlement Proposal
Your personal injury lawyer will review the evidence to estimate what your claim should be worth. Your injuries, medical bills, missed work due to the accident, emotional distress, and other factors can all play a role. Based on the facts and evidence involved, your lawyer will make a settlement proposal to the other side that they believe will fairly address your full range of damages. A skilled personal injury lawyer will know how to account for your past, current, and future losses. If you might need ongoing medical care or therapy, for example, those costs should be reflected in your settlement.
Demand Letter
A demand letter is one of the first steps in any personal injury claim. The demand letter will describe how the accident happened, why the other party is responsible, and how much should be paid to the accident victim. The other party, or their insurer, can then either accept your offer, deny it completely, or respond with a counteroffer of their own.
Reservation of Rights Letter
As part of the negotiation process, insurance companies can send a “reservation of rights” letter. Such a letter serves to let the claimant know the insurer is reviewing the claim. It will usually also state that the insurer reserves its right to deny the claim if it is not covered under the policy.
If you get a reservation of rights letter, it can seem confusing and might make you think the insurer is denying your claim. Experienced personal injury lawyers know what these letters are and how to respond to the insurance company.
Negotiating the Final Agreement
Both sides will work toward a final agreement after negotiations take place over days, weeks, or months. When the plaintiff and defendant are in settlement negotiations, both parties will have to consider the risks of taking the case to trial. For the injured claimant, there is a risk that a jury awards them nothing at trial after all they’ve been through. For the defendant, they’d risk a jury awarding the plaintiff much more than they could have settled for.
The settlement agreement will address the facts of the claim, what was in dispute, what is being resolved, and how much is being paid through the settlement. A settlement agreement in a personal injury case will almost always include a requirement that the plaintiff can’t come back with the same claim against the defendant in the future. This is their one bite at the apple, so to speak. For this reason, it is absolutely essential to have skilled legal representation when your legal rights are involved.
Understanding Policy Limits
Policy limits play a key role in negotiations. Insurance companies use their policy limits to respond to each insurance claim made. Policy limits explain how much the insurance company can pay based on an accident. Insurers almost always hesitate to pay the full policy limits when a claim is filed. Instead, they will try to downgrade, minimize, or deny the claim.
Your lawyer will demand payment of the full amount allowed within policy limits. To do this, a lawyer will show the insurance company strong evidence backing up your claim and right to monetary damages.
Understanding the Strengths and Weaknesses of a Claim
To succeed in negotiations, your lawyer will need to know the strengths and weaknesses of your claim. For example, if your injuries were serious or the accident had many witnesses, those could be considered strengths when you are at the negotiating table.
On the other hand, weaknesses could include a lack of strong evidence, legitimate disputes over how the accident happened, or pre-existing health conditions that an insurance company will use against you. Knowledgeable personal injury lawyers know how to get around certain weaknesses to pursue damages in your favor.
An Atlanta Personal Injury Lawyer Can Help You Negotiate a Personal Injury Claim
After a serious accident, negotiation toward a settlement is usually the next step. This could be an injured victim’s only chance to get the financial help they need, so negotiating without legal help is incredibly risky. Hammers Car Accident & Personal Injury Lawyers can help if you were injured in Atlanta, Georgia, and need to negotiate a settlement for your damages. Contact our law office online or call us today at (770) 900-9000 to schedule a free consultation.