Stage 5 of 10: Preliminary (Out of Court) Settlement Negotiationsby Valerie Bock, January 11th, 2011
Personal Injury Settlement Offer Out of Court ProcessThis article is Part 5 of The 10 Critical Stages of a Personal Injury Lawsuit. Personal injury cases can sometimes be settled without the need to file a lawsuit, but do not make the mistake of letting an insurance adjustor talk you into settling before you consult a personal injury attorney, who can help fully develop your claim. Once your file has been adequately developed, your personal injury attorney will consult with you about the initial settlement demand that you want to offer to the Defendant. In most cases, you should not expect the Defendant to readily agree to pay the amount of your first offer. More likely, you'll receive a counter-offer, probably a low one, along with the Defendant's argument opposing your claim. Your personal injury attorney must show you this out-of-court settlement offer, and will explain the pros and cons associated with any personal injury settlement offer you receive. You are never required to accept a settlement offer. Usually, these first offers begin a long series of offers and counter-offers, as the attorneys argue against one another, based on the evidence and the law that applies to it. Further development of evidence may even become necessary during this process. Although you may be impatient for some financial relief from the problems caused by your personal injury, waiting through this process usually increases the amount of your compensation. Discuss each settlement offer thoroughly with your personal injury attorney, ask questions about any concerns you have, and above all, point out a mistake, if one has been made. Participating patiently and intelligently in your settlement negotiations is the best way to help your personal injury attorney push for the best recovery. If your position and the Defendant's remain too far apart to produce an out-of-court settlement agreement, your personal injury attorney's next step will be to file a lawsuit. All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.
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