Draft some outstanding tips for negotiating the best personal injury settlement after an accident of whatever sort. Once the personal injury settlement negotiation begins to pick up in earnest in your case, you need to settle on an effective strategy.
Read: Why Having a Personal Injury Lawyer Is Very Important?
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Following These 7 Best Personal Injury Settlement Tips Should Help You Immensely
1. Have a Specific Best Personal Injury Settlement Amount in Your Mind
In the process of preparing your best personal injury settlement demand letter, you arrived at some number within a range of what you think your claim is worth. Now that you have gotten this far, before you commence further discussions with the insurance adjuster relating to your demand, settle on a minimal settlement figure you are willing to accept somewhere in that range. This figure is just for your personal knowledge and should not be disclosed at this stage to the adjuster. But it helps that you already, as a point of reference, have these thoughts in mind, and it helps when the time comes to negotiate the first settlement offer, whichever way it goes.
As with any figure you set for yourself, remember, you might have to lower it somewhat if the adjuster brings up facts you did not consider, but that plainly weaken your claim. Should the adjuster either make a low first offer or just meet your minimum offer, you may wish to increase your figure at that point, especially if new evidence has come to light in your favor. Check out our other articles on factors affecting the best personal injury settlement value.
2. Do Not Get Hooked Immediately after First Offers
Insurance adjusters usually start low in their negotiations. It’s all a gamble for the adjusters, such that it assesses whether you feel your claim is worth it or not, as well as your fortitude.
Whether a first offer is reasonable but less than the amount you think is most fair, or obviously just a ploy to obtain knowledge about what you may know about the claim, it will be your response that counts. If you feel that the first offer is reasonable, you may put in a counteroffer that is somewhat less than the amount that was stated in your demand letter.
This way, the adjuster knows that you are being reasonable too and are prepared to compromise. Further negotiation may allow both of you to agree on an amount that they feel is just, without either party over-explicating the facts. Do not run through all the facts again; just reinforce the strongest merits against the defendant. For example, the insured was totally at fault in this matter.
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3. Force the Adjuster To Justify the Low Offer
If in your first conversation the adjusting clerk made an offer so tangentially low that it is quite obvious that it was a mere bargaining tactic to see if you know what your claim is really worth, do not lower your demand if you are aiming for the best personal injury settlement. Instead, ask the adjuster to specify the reasons for such a low offer. Make notes concerning the information in that conversation. Then send a brief letter to the adjuster, replying to each one of the factors mentioned.
Depending on how persuasive your adjuster’s reasons are, you may be tempted to lower your demand; however, the adjuster must be given a chance to see whether he will increase his numbers before going any lower. When you do talk with him again, start your conversation by asking for the adjuster’s response to your letter. From here onwards, a reasonable counteroffer should be anticipated from the adjuster, leading toward settlement at an appropriate figure.
4. Stress Whatever Touches on The Feelings on Your Side
Mention all emotional points during the negotiations that could strengthen your side. For instance, refer to a particularly strong photo sent by you to the adjuster of his smashed car or an image of a severely injured person. If there was a bottle of beer found in the other driver’s car, refer again to the possibility of the consumption of alcohol. Remind the adjuster about similar accidents that had happened similarly at that location. If your injuries hindered you from caring for your child, mention it: your child must have suffered as a result. While these factors cannot be quantified, they can be extraordinarily effective in persuading an insurance company to pay a settlement for an accident claim.
5. Await a Response
Do not reduce your demand more than once until you have a new offer from the adjuster. Do not make any further demand reduction until it has been preceded by a concrete increase in the adjuster’s offer.
If the adjuster comes up with other reasons for a low offer, go through them one by one. After completing all of the adjuster’s arguments, you can either receive a fair offer or determine that no fair offer will be made, and at that point, you may want to apply some extra pressure on the insurance company.
6. How To Know When To Get An Attorney Involved?
At some point, if you feel like the negotiations are not going as you had in mind, you may want to take a moment to consider talking to a personal injury attorney to help you pursue the best personal injury settlement, particularly in cases where you are asking for compensation for serious injury and pain and suffering in excess of a few thousand dollars. An insurance adjuster will hardly take a claimant who applies for damages of tens of thousands or more without an attorney’s representation seriously.
- You want future damages: Should you be claiming damages for lost future income or medical treatment costs required later, you may want an attorney who can negotiate that into any settlement.
- There are fault questions: If there are any doubts as to fault for the accident in question, you may need the services of an attorney to properly put that perspective across.
7. Write Up The Settlement
When an agreement is finally reached between you and the adjuster, confirm the agreement immediately with a letter to the adjuster. The letter may be short. To get a feel of what this document might look like, please refer to this sample settlement confirmation letter.
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Final Thoughts
Negotiating with an insurance company is really a daunting process, and any wrong move might cost thousands. We at Tenina Law in Sherman Oaks exist to professionally protect your rights, develop your case, and fight for the best personal injury settlement you deserve. Our legal team knows how to push against liability issues and win on long-term injuries.
Do not leave your settlement to chance. Call us today for a free consultation and let an experienced personal injury attorney operate on your behalf to negotiate.
