Most personal injury cases don’t go to court. Instead, they are resolved through out-of-court settlement negotiations. Whether you’re dealing with an insurance company or another at-fault party, how these discussions play out could make the difference in the amount of compensation you ultimately recover.
An experienced personal injury lawyer can help you understand how negotiation works and ensure that you get the compensation you deserve. Until then, read on for further insight into the topic.
What Is Negotiation in Personal Injury Cases?
Negotiation in a personal injury case is the process by which you and the responsible party agree to settle the case. Typically these negotiations are handled through insurance companies. In Florida, the majority of personal injury cases, including car accidents, slip and falls, and workplace injuries, are resolved through negotiations. This saves both parties time and expense that would be required for trial and litigation.
The goal of negotiation is to reach a fair and reasonable settlement. This settlement should generally compensate the injured party for medical expenses, lost wages, pain and suffering, and other damages. During negotiations, both sides will discuss their respective claims and reach a compromise. Ideally, this compromise will be reached without the need for a court trial.
How Does the Negotiation Process Work?
The negotiation process typically begins once liability has been established. You will want to ensure that the extent of your injuries is fully understood. In Florida, both sides will begin negotiating either directly or through their attorneys. This is a complex and often lengthy process that involves multiple steps:
- Initial Claim and Demand: Once you’ve been injured, your lawyer will submit a formal demand letter to the responsible party or their insurance company. This letter will outline the details of the accident, the injuries sustained, and a demand for compensation based on the facts of the case.
- Insurance Company Response: The insurance company will respond to the demand letter. They will either accept the terms, offer a settlement, or deny liability. Most commonly, insurers will offer a low initial settlement in the hopes of resolving the claim quickly and cheaply.
- Negotiating the Settlement: Your lawyer will engage in negotiations with the insurance company to bring the settlement offer to a fair amount. This process may involve multiple counter-offers. The goal is to reach a sum that fully compensates you for your losses.
- Agreement: If both sides reach an agreement, the settlement will be finalized. The case will be closed. If a fair agreement cannot be reached, your lawyer may recommend moving forward with litigation.
An experienced personal injury lawyer will have a deep understanding of Florida law and how it applies to the unique facts of your case.
Why Should You Hire a Lawyer To Negotiate for You?
Negotiating a settlement after an accident can be challenging. This is true when dealing with large insurance companies who want to minimize their payouts. They are in the business of protecting their profits, not your well-being. Hiring a lawyer gives you the upper hand in negotiations for the following reasons:
- Experience with Negotiation Tactics: Insurance companies often use aggressive tactics to lower settlement amounts. Lawyers experienced in personal injury negotiations know how to respond to these tactics and push back effectively.
- Accurate Damage Assessment: A lawyer can properly assess all the damages you’ve suffered. This can include medical expenses, lost wages, emotional distress, and future medical expenses. This ensures that no aspect of your recovery is overlooked in negotiations.
- Protection of Your Rights: When negotiating directly with an insurer, it is easy to miss crucial details or agree to an unfair settlement. A lawyer ensures that your rights are protected and that the settlement offer is fair and appropriate for your damages.
- Focus on Recovery: Hiring a lawyer means you don’t have to deal with the stress of negotiating while you’re recovering. You can focus on your physical and emotional healing. Your lawyer will handle all aspects of the legal process.
Getting in touch with an attorney for a free consultation is one of the best steps you can take after an accident.
Contact an Orlando Personal Injury Attorney Today for a Free Consultation
If you’ve been injured in an accident and need help with your personal injury claim, contact Norden Leacox Accident & Injury Law. We offer free consultations at (407) 801-3000 to get you started. Let our skilled Orlando personal injury attorneys help you through the negotiation process. We can work together toward the best possible outcome for your case.