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Settlement Negotiations in Personal Injury Cases

Published: May 09, 2017 in Personal Injury

If you have been injured by another person and filed a lawsuit as a result, you will likely find yourself in settlement negotiations. Settlement negotiations are common in lawsuits, and they are especially likely to happen if an insurance company is involved. At some point in the negotiations, you may find yourself across a table from several lawyers, each of which is trying to convince you to settle your case for next to nothing. Handling these high-pressure situations on your own is nearly impossible. That’s why you need the help of our Jersey City personal injury lawyers at Bhatt Law Group. We have years of experience in managing settlement negotiations, and we will work towards the best possible outcome in your case.

Call us today at (201) 798-8000 to find out more about how to handle insurance companies in a personal injury case.

What Kinds of Cases Lead to Settlement Negotiations?

Virtually all personal injury lawsuits involve settlement negotiations. The legal system encourages parties to settle cases instead of trying them in court. It is typically cost-effective and time-efficient to settle out of court. It can ensure you get the money you need to move on with your life as quickly as possible.

A huge percentage of cases settle, either in part or in whole. Partial settlement occurs when the parties agree to one or more points of the final resolution, but still, disagree on at least one point. An example of this would be a car accident wherein the insurance company offers to pay for all damages to personal property that occurred in the wreck; however, the parties cannot come to an agreement on the amount of compensation for medical costs, pain and suffering, and other losses. They may settle the property damage portion of the claim but go to trial for the remainder of the issues.

What are Settlement Negotiations like in Personal Injury Cases?

Settlement negotiations typically begin with letters back and forth between your attorney and the insurance company in a personal injury case. Your lawyer will likely make a demand and the insurance company will make a counteroffer. This process of negotiations may take place several times even after a lawsuit has been filed. Settlement negotiations tend to result in an outcome that meets in the middle of the parties’ demands and counteroffers. In cases where one or both parties have no desire to meet in the middle, settlement negotiations do not typically take place.

As the trial gets closer, your lawyer will likely meet with the lawyers representing the other parties in the case. This may take place at a mediation with a neutral third party who will guide both sides through the negotiation process. You will probably be asked to be at any mediation, and you may be required to give a statement. A typical mediation will include a presentation by your attorney of your overall case as well as a settlement demand This typically leads to a back-and-forth bargaining over the details of a settlement. The end of this result is either that the parties have reached an agreement which will become the final judgment in the case, or they have failed to do so, and a trial will occur.

When Do Settlement Negotiations Happen?

Settlement negotiations can happen at any time, even before a formal complaint is filed with the court. Generally speaking, the earlier settlement negotiations take place, the more likely they are to be successful. When the defense is eager to settle, a settlement usually happens. Many judges encourage settlement of cases, and will allow the hearing to be postponed in order to achieve a settlement.

Bhatt Law Group Can Help You

If you have been injured by someone else’s negligence or recklessness, we can help. We will listen to your story and evaluate every aspect of your claim. We will help you understand the complex process of settlement negotiations, and we will take your case to trial, if necessary. Call Bhatt Law Group today at (201) 798-8000 to find out more about how we can help you.

If you have been injured due to someone else’s negligence or recklessness, we can help. help you manage it from start to finish.