Wednesday 22nd January 2020,
Grm Law Firm

Personal Injury Claim Settlement Negotiations in California

Personal Injury Claim Settlement Negotiations in California

The process of negotiating a personal injury insurance settlement can be a challenging task without the right help and assistance of a legal counsel. Being able to resolve a personal injury claim without taking the case to trial can save you the lawyer’s fees and other costs.

Strategies used by lawyers to maximize the claim settlement offer from an adjuster before filing a lawsuit.

There are numerous approaches and tactics used by attorneys who represent personal injury claimants to get maximum value and boost the chances of settling their claims ‘pre-litigation.’ Here are the top five strategies.

1. Understand your case perfectly

The great Joh Wooden once said, “failing to prepare is preparing to fail.’ A reliable personal injury attorney must review all the medical-related reports and bills and verify your version of the moments before, during, and after the accident. The lawyer can do this by reviewing the police reports, witness statements, and other pieces of evidence such as property damage location, placement of each of the vehicles involved in the crash, and any other indicator of what happened.

Even in a clear liability claim, the insurance adjusters try to view the facts and pieces of evidence in the light most favorable to their client (the insured). El Dabe Rittesr Trial Lawyers believe that understanding all the details of medical treatment and facts of the claim before having any dialogue regarding the settlement of the claim is important. The attorney will have an advantage in refuting a claim of comparative fault or inaccurate valuation of the past present or future medical expenses.

2. Let the insurance make the first move or make a reasonable initial demand

The initial demands for claim settlement from your counsel and the offers to settle from the defense side are always ‘high vs. low’ situation. A good attorney understands that the opening positions are never at the actual ‘bottom line’ when it comes to what will make the case disappear.

The legal counsel of the victim can use two strategies to get a better offer for his or her client. First, they can make an initial settlement demand that’s high enough to offer a ‘wiggle room’ but not too high that it becomes impossible for the defendant’s side to achieve a realistic amount. Second, your legal counsel can skip setting an opening value but simply request the defendant’s side to make an offer. Either way, the initial value is not the final settlement but sets the opening bid for more negotiations.

3. Don’t exaggerate the claim but emphasize the defendant’s potential exposure

An experienced legal advocate must always identify the holes in the game of the defendant’s side and explain the weaknesses of their defense without exaggerating the value of your claim. After all, being a good attorney who is adept at the art of claim negotiations is like being a perfect poker player. Your attorney must strike a balance between fully explaining the value of your claim and the necessity for a significant settlement offer.

4. Always treat claims adjuster with respect and courtesy

Sometimes, claim adjusters may be young and probably less experienced or highly experienced. Adjusters are not lawyers but they are trained and educated professionals who can analyze the value of claims, effectively assess the risks in moving forward and offer options to settle the claims. Treating these experts with respect will enhance your chances of resolving the claim.

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