If you’ve been injured in an accident, you may be wondering what happens after you decide to file a personal injury claim. Do you go straight to court? Will the insurance company pay what your case is really worth? What does it mean to "negotiate" a claim?
With a little more information, and the guidance of a personal injury attorney, you can feel more prepared for every step of your personal injury case, including attempting to negotiate for a fair settlement.
Step 1: Gathering the Right Evidence
A strong negotiation with an insurance representative usually begins with strong evidence. Before a claim can be evaluated or negotiated, your attorney will gather all relevant documentation and evidence to support your case.
Types of evidence that could back your claim to compensation include:
- Medical records and bills
- Photos of the accident scene and injuries
- Police or accident reports
- Witness statements
- Proof of missed work and lost wages
- Any other evidence of how the injury has impacted your life
This phase is crucial because it lays the groundwork for negotiation. Insurance companies respond to objective facts more than subjective statements, after all.
Step 2: Calculating the Value of the Claim
Once the evidence is gathered, your attorney will calculate the full value of your personal injury claim. This mathematical process goes beyond just reviewing medical bills. To get a full picture of your losses, your personal injury lawyer will need to understand how the injury has affected you physically, emotionally, and financially.
Key factors considered in the valuation of an injury claim include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage (if applicable)
- Long-term or permanent impairments
If you undervalue your claim, you could be left covering future costs out of your own pocket. Part of your attorney’s job will be to make sure nothing is overlooked, so the amount reflects what you’ve lost and will have to deal with in the future.
Step 3: Sending the Demand Letter
With a clear understanding of what your claim is worth, your attorney will send a demand letter to the insurance company. The demand letter will outline:
- The facts of the case
- The extent of your injuries
- Supporting evidence of your losses
- A specific dollar amount requested as compensation.
This letter is more than just a formality; it’s the first official step in the negotiation process and sets the tone for the conversation that follows.
Step 4: The Negotiation Phase
After receiving the demand letter, the insurance company may:
- Accept the demand
- Offer a lower settlement
- Deny the claim
In most cases, negotiation begins with a low counteroffer. Insurance adjusters are trained to minimize payouts. They may question the extent of your injuries or try to shift the blame. That’s where the counsel of a personal injury attorney becomes so important.
Your personal injury attorney should be able to:
- Respond to lowball offers with evidence-based counterarguments
- Handle all communication with the insurer
- Prevent you from accepting an unfairly low settlement
- Protect you from having to deal directly with any dishonest insurance company tactics
This phase can involve multiple rounds of negotiation and may take weeks or longer, depending on the complexity of the case. If the last round of settlement negotiations was not successful, you should feel comfortable enough with your attorney to ask them for an update about what they think will happen next, even if that means preparing for more negotiations.
Step 5: Reaching a Settlement or Filing a Lawsuit
95% of lawsuits are resolved through settlement. Once both sides agree on a fair amount, the claim is finalized and the plaintiff receives the agreed-upon compensation. Keep in mind that not all personal injury claims end in the plaintiff's favor, and that no law firm or attorney can promise one outcome or another.
But if the insurance company refuses to offer a reasonable settlement, your attorney may recommend filing a lawsuit. Starting a lawsuit doesn’t always mean going to trial because many cases still settle after litigation begins or even during pre-trial discussions or mediation. No matter what, though, the goal is always to reach the best possible outcome for you, whether through negotiation or in court.
Trusted Help Through Every Step of the Process
At MAS Law, we’ve been helping personal injury clients for more than 20 years. Our team knows how insurance companies operate and how to fight for the compensation you deserve after an accident. We provide 24/7 availability and free personal injury case reviews, so you can get trusted guidance whenever you need it. Whether you're recovering from a car crash, a slip-and-fall, or another serious accident, we're here to protect your rights during negotiations and help you move forward.
Call (972) 460-9339 or use an online contact form to get started on your personal injury case.
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