You have a right to compensation after suffering a personal injury where another person’s negligence is to blame. In most cases, you will have to file a claim against the at-fault party.
However, you do not always have to take your claim to trial. Most parties seek to settle a claim through negotiations. Negotiating is a skill that you may not have as a layperson, so it’s best to involve someone like Connecticut personal injury attorney Russell Berkowitz in the process.
This guide looks into everything that goes into negotiations and can be an excellent read if you are pursuing a personal injury claim.
When Do Negotiations Start
Negotiations can start right after you send a demand letter. The demand letter is the letter a claimant sends to the at-fault party to notify them of their intention to sue and outline the value of their damages. If the parties agree to the terms at this stage, no one has to file a claim.
In most cases, negotiations start in the negotiation phase. This phase comes after the discovery phase, which allows both sides to weigh the other side’s cases and get a rough view of their odds. If you have a strong case, the opposing side will have more reason to come to the negotiating table. If you do not have such a strong case, your lawyer may advise you to take a deal that involves negotiation.
What Goes Into Negotiation?
A lot goes into a personal injury settlement negotiation. You have to start with a specific figure based on the value of your case, which depends on the economic and non-economic damages suffered.
Economic and Non-Economic Losses
Economic damages refer to losses and expenses that are quantifiable in monetary terms, such as the cost of medical expenses, lost wages, property damage, and any expenses that are directly related to your injuries. For example, if you need to modify your home to accommodate your state after an accident or need to hire a caregiver, these costs also count as economic damages.
Non-economic damages are intangible losses or losses that receipts or invoices cannot substantiate. They include pain and suffering, emotional distress.
Other Factors
Both parties may also consider facts such as the case’s strength, which depends on the available evidence. The type of evidence to use in a case will depend on the type of claim. Either way, lawyers draft everything up and have it ready to go.
Types of evidence used in most personal injury cases include photos and video footage, medical records, eyewitness testimonies, expert witness testimonies, receipts, invoices, bills, police reports, employment information, etc.
When to Accept an Offer
Negotiations do not always work, so you have to know when to take a deal or leave it. Only take an offer when you believe it adequately covers your damages.
You do not have to stick to the valuation you gave for your claim when going into negotiation. In most cases, you will have to cede some ground. This is where getting the help of a lawyer becomes very important because they can accurately determine when it’s worth taking a deal or leaving it.
An inexperienced lawyer may not want to risk going to trial, which could mean setting up for less than you deserve. So before you hire a lawyer, look at their history of success at trial. An experienced personal injury lawyer will not have any problem going to trial if they are confident in the quality of their case and feel that the defendant’s offer is less than ideal.
Conclusion
Negotiating a personal injury settlement can be complex, but it’s often the most efficient path to fair compensation. With the right strategy, strong evidence, and a skilled lawyer, you can increase your chances of securing a favorable outcome without going to trial. Knowing when to accept or push back is key, and expert guidance makes all the difference.