How Do Lawyers Negotiate Settlements? Settlements negotiations are very much a part of the personal injury cases as lawyers have to combine legal knowledge with the assessment of the case and the client’s needs. Lawyers rely on a systematic process to determine how to negotiate settlements, which evaluates liability, assesses damages, and ensures fair compensation for their clients. At Walton Telken, we are well placed to assist those who need legal services in Edwardsville, IL and its surrounding areas; we use these strategies to guarantee the best outcome for personal injury cases.
Important Aspects of a Personal Injury Settlement Negotiation
Personal injury settlement negotiations involve evaluating several key factors that impact the value and outcome of a claim. Lawyers take a very orderly approach to this process by:
- Evidence Gathering: They compile necessary documents, medical records, accident reports, photographs, and witness statements, to corroborate the claim.
- Establishing Liability: It finds the identity of the responsible party while also proving negligence through providing critical case details.
- Damages Analysis: Analyzing economic losses-meaning medical expenses and/or loss of earnings-with the additional non-economic damages in estimating pain and suffering to obtain the total value.
- Writing a Demand Letter: A carefully written letter detailing liability and damages, along with what one is demanding, serves as the backbone of settlement negotiations.
- Engage in Strategic Negotiations: Advancing arguments, negotiating with evidence to arrive at a settlement with the other party on behalf of the client, for fair recompense.
Considerations That Personal Injury Attorneys Use in Settlements
Experienced lawyers rely on specific considerations to strengthen their client’s case when negotiating personal injury settlements. Below are key factors lawyers consider:
Premises Liability
If the injury occurred on someone else’s property, then premises liability is fundamental in the course of negotiation. The evidence to be reviewed by the attorneys to prove negligence may include but is not limited to photographs, witness statements, and property maintenance records. They also consider the duty of care owed by the owner towards the injured party. In this case, a slip-and-fall accident at a poorly maintained grocery store would give quite substantial cause to prove negligence on the part of the property owner and form a very good plea for negotiation.
Total Damages
Precise calculation of total damages is important for receiving fair compensation. Lawyers take into consideration financial losses and non-economic factors while determining the value of a claim. Economic damages would include medical expenses for current and future care, lost wages, and rehabilitation costs. Non-economic damages pain, suffering, emotional distress, and loss of enjoyment of life. Attorneys can therefore ensure that a settlement reflects the full extent of the client’s injuries and challenges, both tangible and intangible.
Medical Bills
These are often the cornerstone of a personal injury settlement. The lawyers will be gathering all medical records. Treatment plans, and billing statements to quantify the financial toll on the client. They will also factor in future medical expenses, like ongoing therapy or surgeries, when compensating. Such a review of medical costs supports negotiations by giving the opposing party concrete numbers, illustrating a need for the client.
Policy Limits
These are generally the backbone of a personal injury case. Attorneys compile all the medical records, treatment plans, and the billing statements in order to determine the amount of money that the client has spent. Future medical bills such as therapy and surgery are also taken into consideration in order to meet the needs of the victim and award him/her the right amount of compensation.
Location
The geographical location of the injury and its legal jurisdiction can greatly affect settlement negotiations. Local laws, court precedents, and tendencies of juries can greatly affect the potential value of a claim. In Edwardsville, IL, Walton Telken attorneys have an in-depth understanding of local statutes and legal practices, enabling them to craft arguments with that jurisdiction in mind.
Insurance Company Negotiation
Most insurance firms would like to minimize their pay-out, so the process can be quite burdensome. Lawyers have to handle strategies such as low case evaluation, denial of liability, and delay tactics. Lawyers depend on substantial evidence, legal precedents, and expert opinions to balance such strategies. Moreover, lawyers are able to identify a lowball settlement offer and can negotiate for a better deal by presenting a well-justified demand.
A full understanding of the negotiation strategies of insurance is important in favorable settlements. According to Claims and Litigation Management Alliance in its analysis of winning strategies, attorneys who are experienced in evaluating claims, identifying policy limits, and countering insurer tactics are in a better position to maximize compensation for their clients.
Contact Walton Telken today for top-notch personal injury representation.
At Walton Telken, we are proud to offer personalized and results-oriented representation. Contact our experienced attorneys to learn how we can fight for the compensation you deserve. Call us today at 844-307-7349 or visit Walton Telken online to schedule your consultation.
