Law

Negotiating Personal Injury Case

If someone has injured you, you may consider filing a personal injury claim and getting the compensation you deserve for your damages. Calculating your damages is easy. However, convincing the defendant’s party to pay you the amount is not. 

Settlements in a personal injury case require a lot of negotiating from both sides. You may be tempted to accept the first offered settlement and end the hassle but, it may cost you in the long run. With the help of a Wyoming personal injury lawyer, you must recover all kinds of damages from the liable party, or you may have to suffer huge losses. 

How does a negotiation take place?

If you have ever bargained with a shopkeeper, you may be familiar with the concept of negotiation. Negotiation often involves a process of testing each other and calling each other’s bluff. The process may go something like this: 

  • You ask for a higher amount in your demand letter than what is required.
  • The insurer points out the faults in your claim.
  • You put your arguments on the table.
  • The insurer then offers a lower settlement to test if you are in a hurry to end your case.
  • Now you present points describing why their offer is too low and demand another amount, slightly lower than last time. 
  • The insurer does not agree to your amount but makes a slight increase in their previous offer.
  • You either accept the amount, or the process goes on. 

This is usually how negotiations take place. Ensure that you have documents and witnesses to support your case, as they are the main factors for getting the maximum compensation. Another critical factor is to be patient and not jump at the first offer made by the insurance company. 

Factors affecting a negotiation

The insurance company may raise the following disputes and concerns during the negotiation. Make sure you understand these factors and are prepared to meet them with reasonable answers. 

Liability: If the defendant was entirely at fault, you might be able to reach a higher settlement. However, if you were partially responsible, the defendant may have the right to decrease the settlement. 

The gravity of your injuries: How much your injuries have affected your life and finances can significantly increase or decrease the settlement. 

Multiple defendants: If your injuries were caused by more than one party, you must calculate the percentage of the blame and ask fair amounts from everyone. 

Mitigating damages: If you do not seek medical attention immediately after your injury, it may cause your injury to become more severe, and thus, you may require higher compensation. The defendant’s party may raise this point. 

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