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Negotiating Personal Injury Settlement

If you have a personal injury claim, at some point, there will be a time for negotiating with the insurance company of the at-fault party. Even if you have filed a personal injury lawsuit, the settlement negotiations will be ongoing, and your case can reach an out-of-court resolution.

If you or your Los Angeles personal injury lawyer with El Dabe Ritter Trial Lawyers have presented the insurance company with a detailed demand letter and the right supporting documents, the process of negotiation may occur over the phone with the insurance adjuster.

Have A Compensation Amount In Mind

As part of compiling your demand letter, you should have a specific settlement amount that you want. Before you talk to the insurance adjuster about your demands, settle on the minimum compensation that you will agree to. This amount will help you not to give in when the pressures increase during the negotiation process.

However, you do not have to hang on to the amount you set for yourself. If the adjuster identifies some facts that make your claims weaker, you may reduce the figure a bit. If the adjuster offers a figure that is close to your amount, you can raise the amount a bit.

Do Not Jump On The Initial Offer

If the insurance adjuster makes the initial offer, it might be very low as it is their tactic of determining whether you know what you are doing. If the adjuster makes a reasonable offer, you can immediately make a counteroffer that is in close range with the amount specified in your demand letter.

That shows the adjuster that you are reasonable and willing to negotiate. A little more negotiation should get you a quick final settlement that both you and the adjuster think is fair.

Emphasize Emotional Points

During the negotiations, do not bother going over all the facts again. Just focus on the strongest points that favor your case. For instance, you can claim that the insured was completely at fault for your injuries, that your injuries have caused you a lot of pain and suffering, that your medical costs were too expensive, and/or you sustained permanent or long-term physical challenges.

Also, it can help to mention any emotional facts that support your claims. If, for instance, you have sent the adjuster a strong supporting photograph of your smashed car or a serious-looking injury, talk about it. If your injury interferes with your ability to take care of your child, mention that both of you have suffered as a result. These facts can make the insurance adjuster offer a fair settlement amount for your losses.

Put Your Settlement In Writing

When you and the insurance adjuster ultimately reach an agreement, immediately verify the terms by writing a letter to the adjuster. The letter can be a short and precise one, stating the amount for which you have settled, the damages and injuries covered by the settlement, and the expected date for receiving the settlement documents from the insurance company.