Negotiation rather than a trial resolves many personal injury claims. During settlement discussions, you and the insurance company evaluate the evidence and decide whether to resolve the claim without asking a jury to determine the outcome.
An injury attorney can help you understand how settlement negotiations work in personal injury cases and can make the process more manageable. Although every claim develops differently, negotiations usually follow a recognizable sequence and require careful review before you accept any agreement.
How Does the Negotiation Process Begin?
Your lawyer will usually wait until you have completed medical treatment or reached a point where the likely course of future care is reasonably clear. This helps counsel assess your injuries and document the losses connected to them.
Counsel then sends a demand to the insurer. The demand generally explains why the insured party is responsible and describes how the injury has affected you. Medical records support the injury claim. Bills and wage documentation help establish financial losses. The insurer reviews the submission and may respond with questions or a lower offer.
What Shapes the Exchange of Offers?
Negotiation commonly continues through a series of offers and counteroffers. Your lawyer presents the strengths of your claim and responds to the insurer’s arguments on your behalf. You have the option of declining an offer that you believe does not adequately reflect the evidence and continue to negotiate, although the negotiation process guarantees no particular result.
Several factors influence the value of your claim. Strong liability evidence may support it, while uncertainty about fault may reduce an insurer’s evaluation. The severity of your injuries also matters, particularly when your medical records connect your condition to the incident. Available insurance coverage can place practical limits on what you may recover from an insurer.
Because California apportions damages under pure comparative negligence, any percentage of fault assigned to you can lower your recovery by that share. Disagreement about fault therefore becomes an important part of settlement discussions.
Timing the Decision to Settle
California Code of Civil Procedure § 335.1 generally provides a two-year deadline to file a personal injury lawsuit. Negotiations do not necessarily stop that deadline from running, so counsel may file suit if discussions stall or if they need additional time to protect the claim.
Accepting a settlement generally requires you to sign a release. The release ends the claim against the parties it covers, so careful review is important before you agree.
Contact Us to Learn About Settlement Negotiations in a Personal Injury Case
Knowing how settlement negotiations work in personal injury cases helps you evaluate each stage with clearer expectations. A lawyer can explain the consequences of an offer while negotiating with the insurer on your behalf.
Contact CaseyGerry to schedule a consultation and learn more about your options.