The Process of Negotiating a Settlement in an Injury Claim

Recovering compensation for a personal injury does not always require going to court. You can first pursue your losses with an insurance claim for many types of accidents. With Gatti, Keltner, Bienvenu & Montesi, PLC, we can help you understand how to negotiate a settlement and speed up its process.

Settlement negotiation is the bargaining process you will go through with the insurance company. The goal of negotiations is to secure the maximum compensation possible. Various factors may affect how much money you receive. However, you can take steps to increase your chances of an advantageous outcome. A lawyer can advise you on how to negotiate a settlement and be there for you throughout the process.

Steps in Settlement Negotiations for Personal Injury

No two personal injury cases are identical, so settlement negotiation examples can vary from claim to claim. In general, there are three primary stages in how to negotiate a settlement:

1. Investigation – The first step is an initial investigation. Your attorney will visit the accident scene, consult with witnesses, and obtain police reports, medical records, and proof of your losses. They will use this information to establish liability and calculate your losses.
2. Demands – Your lawyer will draft a demand letter for compensation based on your losses. The strength of your claim and the amount of insurance money available will also affect your demands.
3. Negotiations – Once the insurance company receives the demand letter, they will likely communicate a settlement offer to your lawyer. Often, the initial offer is less than you deserve. Your attorney will counter and argue for the maximum compensation possible. You will want to ensure that whatever you accept satisfies your current and future losses because you cannot return to the insurance company for more money later. Sometimes, the negotiation process can be lengthy. It ends when the parties reach a settlement or reach a stalemate.

What Is the Average Settlement Amount?

Personal injury claims can range widely and apply to various types of accidents, including motor vehicle accidents, workplace accidents, and premises liability cases. Because every case is unique, there is no average settlement.

Factors that can affect how much compensation you receive include:

• Your age at the time of the accident
• The severity of your injuries
• The extent and cost of your current and future medical treatment (medical expenses)
• Your current wages and the amount of income you’ve lost due to injury (lost wages)
• Whether or not you can continue working or return to your previous job
• The overall impact of your accident on your physical, mental, and emotional well-being

Recoverable Losses for Personal Injury

Recoverable losses vary from case to case but may include:

• Medical Treatment – Ambulance transportation, emergency services, medical procedures, hospital stays, physical therapy, medical equipment, and long-term nursing
• Lost Income – Employment benefits, future lost income, and lost earning capacity
• Pain and Suffering – Permanent and disabling injuries, disfigurement, scarring, depression, anxiety, loss of enjoyment, and reduced quality of life
• Wrongful Death of a Loved One – Burial and funeral costs, medical bills, and loss of your loved one’s income, support, services, and society
• Miscellaneous Expenses – Medical travel costs, medically necessary home and vehicle modifications, and household services

Tips to Maximize Your Compensation

There are several things you can do that may increase your chances of securing a successful insurance settlement:

• Seek medical treatment as soon as possible if you did not get treated at the time of the accident. Seeing a doctor protects your health and creates an essential medical record for your claim.
• Follow your doctor’s orders, do not miss future appointments, and do not engage in activities that could worsen your injury.
• Report the accident to the proper authorities if you still need to do so. Depending on the accident, this could be a business owner, an employer, or law enforcement.
• Promptly notify the insurance company and insurance adjuster about your accident and let them know you will file a claim.
• Keep careful records of your medical treatment and accident-related expenses.
• Do not go into detail about your accident with the insurance adjuster. Be polite, but ask that they communicate with your attorney.
• Do not agree to give a recorded statement or accept an initial settlement offer.
• Do post about your accident or injury on social media or discuss your case with anyone other than your lawyer.

What to Do if the Insurance Company Will Not Offer a Fair Settlement

The insurance business exists to make a profit. To that end, insurance adjusters will look for ways to reduce your settlement or deny your claim. Insurers and insurance adjusters may:

• Deny their client is responsible for the accident or attempt to blame you for your injury
• Deny you suffered an injury
• Deny that the policy in question covers your losses
• Stall or delay negotiations or payments
• Place undue pressure on you to settle quickly or accept a lowball offer

How to negotiate a settlement if the insurance company refuses your offer of full and fair compensation? If your insurance company employs bad-faith tactics, your attorney can take legal action. Your lawyer can pursue your case in civil court with a personal injury lawsuit.

However, you must file your case before the statute of limitations in your state expires, or the court will not hear your claim. You lose all leverage over the insurance company if you cannot take legal action. Your lawyer can tell you more about how long to seek damages for your losses, how you can reach an agreement, and how you get paid.

Contact an Experienced Personal Injury Firm

If an individual, business, or entity injured you, they should pay – not you or your loved ones. Gatti, Keltner, Bienvenu & Montesi, PLC is a full-service Memphis personal injury law firm that has fought for thousands of victims of negligence and wrongdoing. Our lawyers know how to negotiate a settlement. We can act as your advocate and ally and help you through every stage of your insurance claim.

We can protect your rights and aggressively use our negotiating skills to get you the maximum compensation possible. While you focus on healing, we will build your case and provide personalized, compassionate legal support.

You can get started today with a free case review. When you work with our Memphis personal injury attorneys, you pay no attorney fees until we get the money owed to you.  Call us at (901) 526-2126 or contact us online to connect with a personal injury lawyer near you.

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