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How to Approach Personal Injury Settlement Negotiations

How to Approach Personal Injury Settlement Negotiations

At Daspit Law Firm, our team of top-notch personal injury lawyers is committed to walking our clients through the negotiation process so they can maximize the value of their cases. Below, we explain what you need to do to take charge of settlement negotiations and make sure your best interests are protected.

What Is the Specific Settlement Amount You Want?

When you draft your personal injury settlement demand letter, you need to determine a range of what you believe your claim is worth. You will also need to speak to an insurance adjuster about the demand letter, so make sure you have a minimum settlement figure in mind before you start negotiating. Keep this information to yourself so you can gauge the offers and counter-offers that are thrown around.

Do Not Feel Pressured to Take the First Offer

Don’t be surprised if the insurance adjuster starts the negotiations by offering a very low amount. Adjusters generally use this tactic to get a sense of whether you understand the potential value of your case. If you feel the first offer is too low, or even if it is reasonable, you can make a counteroffer within the range of the specific amount in the demand letter.

Make the Adjuster Justify a Low Offer

If the adjuster makes an offer during the first conversation that is so low it's clearly just a negotiating tactic to test what you know, don’t lower the amount in your demand letter and instead ask them to elaborate on specific reasons that justify the low dollar amount. Take notes during the conversation and write a brief letter responding to each of the factors the adjuster has mentioned to justify the offer. The next time you talk to the adjuster, you can start the conversation by asking for their response, which will hopefully be a more reasonable offer.

Patiently Wait for a Response

Don’t reduce your demand more than once until you receive a new offer from the adjuster. You should also never reduce your demand twice without an intervening increased offer from the adjuster. If the adjuster gives you more reasons for a low offer, review each one with them until you either get a reasonable offer or you are put in a position where you need to put more pressure on the insurance company.                                                                                                                                                                                                                                         

Are you having trouble negotiating a settlement for your personal injury case? If so, please call our lawyers today at (888) 273-1045 to request a free consultation so we can put our skills to work for you.

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