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Personal Injury – Negotiations and Settlement

Most personal injury cases don’t go to trial. The reason is that the negotiations process is usually likely to end with a settlement before court going to court becomes necessary. This is not always the situation however, because all cases are different and vary in complexity. During negotiations, the two opposing sides will state their cases and rebut the other’s claims. If they are willing, each party will also make a specific monetary offer for settlement. The opposing party is usually an insurance adjuster working for an insurance company in a car accident personal injury case if the defendant has car insurance. Neither side knows how much the other is willing to give or take, so it is the attorney’s job to advocate aggressively to get the largest amount possible for the client. Negotiations with an adjuster usually begin shortly after a demand letter is sent, which states the details of the case and the monetary amount required for settlement. Subjects discussed are generally coverage of the defendant’s insurance policy, the liability of the defendant, the extent of the client’s injuries, and the nature and extent of medical treatment of the client. If the other side agrees with this monetary demand, a settlement agreement may be entered. However, most negotiations take some back and forth counter offers to reach the desired settlement compensation amount. Depending upon the complexity of the case, this process may take some time for the opposing parties to come to an agreement. If a settlement is not reached after the negotiations process has been exhausted, your lawyer will file suit with the court against the opposing party. This is to show the insurance company that our firm is serious about attaining just compensation for our client’s injuries. Our firm’s lawyers are experienced trial lawyers and will fight in court to get the monetary amount you deserve.

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