If you have been injured due to another person’s carelessness in Boston, you may be entitled to compensation through a personal injury claim. While some cases go to trial, the vast majority of personal injury cases are resolved through out-of-court settlements. But what does the settlement negotiation process actually look like? At Altman Nussbaum Shunnarah, our experienced personal injury attorneys guide clients through every step of this process to pursue the full and fair compensation they deserve.
The Settlement Negotiation Process
Negotiating a settlement in a personal injury case is rarely a single event but rather an ongoing dialogue between your attorney and the insurance company representing the at-fault party. This process typically unfolds as follows:
- Investigating Your Claim and Gathering Evidence
Before engaging in settlement discussions, your attorney will thoroughly investigate your case to determine liability and the extent of your damages. This involves gathering evidence such as police reports, medical records, witness statements, and expert opinions to build a strong case on your behalf. Having compelling evidence is key to securing a favorable settlement.
- Sending a Demand Letter
Once your attorney has a clear picture of your damages, they will send the insurance company a demand letter outlining your claim and the compensation you are seeking. This letter will detail the facts of your case, the severity of your injuries, your medical expenses, lost wages, pain and suffering, and any other losses you have incurred. The demand letter opens the door to settlement negotiations.
- Engaging in Back-and-Forth Negotiations
After reviewing your demand letter, the insurance company will typically respond with a counteroffer that is lower than the amount you requested. Your attorney will review this offer with you and advise on whether it is reasonable based on the specifics of your case. If the offer is too low, your attorney will make a counteroffer, and this back-and-forth process will continue until both sides reach an agreement or decide to proceed to trial.
During these negotiations, your attorney will use the evidence gathered to argue for a higher settlement amount, while the insurance company will look for ways to minimize their payout. Factors that can influence the negotiation include the strength of your evidence, the severity of your injuries, whether you bear any fault for the accident, and the insurance policy limits of the at-fault party.
- Deciding Whether to Accept a Settlement Offer
Ultimately, the decision of whether to accept a settlement offer is up to you. Your attorney will provide advice and recommendations based on their experience and evaluation of your case, but you have the final say. If you accept an offer, your case will be resolved, and you will receive your settlement funds after attorney fees and any liens are deducted. If you reject the offer, your case will likely proceed to trial.
It is important to note that settlement negotiations can happen at any point during a personal injury case, from before a lawsuit is filed to just before a jury reaches a verdict. However, most cases settle before going to trial, as trials are costly, time-consuming, and risky for both sides.
Factors That Can Affect Your Settlement Amount
Several key factors can impact the amount of your personal injury settlement, including:
- The severity of your injuries: In general, more severe injuries result in higher settlements, as they often involve greater medical expenses, longer recovery times, and more significant impacts on your life.
- The strength of your evidence: The more compelling your evidence is in demonstrating the other party’s fault and the extent of your damages, the stronger your negotiating position will be.
- Your own actions: If you bear some level of fault for the accident or failed to mitigate your damages (e.g., by delaying medical treatment), this can reduce your settlement amount.
- The at-fault party’s insurance coverage: If the at-fault party has limited insurance coverage, this can cap the amount you are able to recover in a settlement.
At Altman Nussbaum Shunnarah, our attorneys have extensive experience negotiating favorable settlements for clients in a wide range of personal injury cases, from car accidents to medical malpractice to slip and fall injuries. We understand the tactics insurance companies use to minimize payouts, and we fight tirelessly to help our clients recover the maximum compensation they deserve.
Get in Touch with Us
If you or a loved one has been injured in an accident in Boston, do not hesitate to contact us for a free consultation. We will review your case, answer your questions, and discuss your legal options for pursuing a settlement or taking your case to trial.
