Negotiations of any sort can be tricky, and personal injury negotiations are no exception. You have worked with your attorney and placed a value on your case based on your economic and non-economic damages, and together, you have determined a dollar amount that will compensate you for your losses. You have also agreed upon the least amount of a settlement offer you are willing to accept. If the defendant does not agree to your bottom line, then you will take your case to court.

Any personal injury attorney will tell you that you must be patient. It may take some time to reach a settlement. Negotiations then begin between your attorney and the insurance adjuster or opposing counsel. The process is similar to buying a used car — offers are made back and forth until both sides can come to an agreement on a specific dollar amount that will compensate you for your damages.

Negotiations Begin with a Demand Letter

Your Charlotte personal injury lawyer will send a demand letter to the adjuster including the dollar amount you are requesting. A description of your injury and a detailed list of your expenses will be included with all necessary supporting documentation. The adjuster will respond with criticisms of your case, and include either no offer or an offer that is much less than the amount of your request.

Expected Initial Response From the Insurance Adjuster

Remember the adjuster works for the insurance company. Adjusters may seem concerned about your condition, but their ultimate goal is to save the insurance company money. It is also in their best interest to promptly settle claims.

Keeping that in mind, the initial response almost always finds problems with the claim. The most common objections from adjusters are:

  • The insurance policy does not provide coverage for the accident in question.
  • The accident was either totally or partially your fault, and you should receive either no compensation or a reduced amount.
  • The medical treatment you received or expect to receive in the future is not medically necessary.
  • You are suffering from a pre-existing medical condition that was not caused by the accident.
  • You were not injured as severely as you claimed.

This is an expected routine response designed to make you re-evaluate your request. The insurer is aware of your monetary loss and your need for compensation. The adjuster hopes your need will prompt you to accept the low settlement offer just so the case can be closed. Prove the adjuster wrong — it is almost never a good idea to accept the first offer.

If you were injured in an accident caused by the negligence of another, you likely need the help of a personal injury attorney in negotiating a settlement of your claim. Contact Campbell & Associates, Attorneys at Law, for a free consultation.