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What Does the Personal Injury Negotiation Process Entail?

What Does the Personal Injury Negotiation Process Entail?

Negotiating in personal injury claims can be a critical step in achieving a fair settlement for individuals seeking compensation for their injuries. As such, we’ll start this article by urging you to consider hiring a dedicated, professional Mike Morse Law Firm attorney to negotiate your personal injury settlement by approaching the other side’s attorneys and/or insurance adjusters before taking your case to trial. In this article, we delve into the essential strategies and considerations that can help individuals navigate the negotiation process effectively and maximize their chances of obtaining a favorable outcome.


… But You May Need to Pursue Settlement Negotiations


In some cases, the insurance company will begin making voluntary payments as soon as they realize you have hired a competent and aggressive attorney to represent you in your injury case. However, most clients assume that after benefits are denied, the next step in being compensated for their injuries (and the pain, suffering, and financial costs associated with them) is to enter a courtroom and endure a stressful trial. But that’s not always the case. Many times, we’re able to agree on a negotiated settlement that could mean a better end result for our clients – since some of the legal and emotional costs associated with going to trial are avoided. For one thing, post-settlement fees can be lower by avoiding countless hours that would have been expended preparing for court. Not to mention that costs like private investigator sand research charges are negated… there’s no need to expend funds on filing subpoenas, taking depositions, or bringing in expert witnesses… and court filing fees are eliminated entirely.

In other words, if you’re able to reach an agreement by negotiating with the person, company, or organization responsible for your injuries, you’ll quite possibly come out with a better settlement than you would have received through a contentious courtroom scenario. Of course, that’s not always true, but you’d be smart to at least explore the possibility. Additionally, reaching a negotiated settlement will often get you the money you deserve months or even years before would get it if you had to go through a lengthy trial. This is how it could work for you:


Five Steps in Pre-Trial Settlement Negotiations


There can be several typical steps that might take place in negotiating a settlement for your personal injury case. You can probably guess that as Michigan’s largest personal injury law firm we’re intimately familiar with them all, and we’ll be with you every step of the way as the negotiations unfold. In short, you can depend on us to be right at your side throughout the process. Here’s how pre-trial negotiations generally work.

  1. We help you determine the extent of your injuries and the actual costs you’ve incurred.
    After you’ve been hurt in an accident, you’ve probably had to receive urgent care at the scene followed by long-term healthcare during your recovery. Along the way, you’ve had to pay medical charges from doctors or specialists, rehabilitation and physical therapy fees, hospital or nursing home care bills, pharmacy costs, and many related expenses. You’ve also likely been faced with lost wages if you’re employed, and in a worst-case scenario you may lose your job, either temporarily or permanently depending upon the extent of your injuries. During this phase of the negotiation process, we can help you assemble records that will itemize these costs and form the initial basis of your negotiating position.
  2. We work to put a dollar figure on the cost of your pain and suffering.
    This may seem a bit more challenging, but our experience dealing with tens of thousands of personal injury cases across Michigan has taught us everything we need to know to help you decide what kind of settlement you should be seeking. When it comes to the pain and suffering you’ve experienced, we understand it’s probably a hard number to arrive at. But we encourage you not to sell yourself short during this phase of settlement negotiations. Only you can truly appreciate the extent of your pain and suffering, but we’ll ensure your interests, needs, and circumstances are compellingly conveyed to the negligent parties and insurance adjusters. It’s something we do every day, so you can count on us to represent you in the most effective way possible.
  3. We craft a “demand letter” for you as a starting point for negotiations.
    Once we’ve arrived at our initial position by adding up all the costs you’ve incurred, we’ll write a forceful summary of your compensatory needs called a demand letter. This document spells out exactly how – and how much – you expect to be compensated for your injuries. We know from long experience that the opposing side, will likely resist our initial demands and come back with a far lower counteroffer. That’s why, if we find it necessary to go to trial, we’ll be ready to persuade a judge and jury that our demands are realistic, based on actual numbers, and supported by legal precedents. Knowing all this, the attorneys on the other side of the aisle are very likely to bow to our demands at this point, since it’s not uncommon for juries to award injured parties far more than they initially expected.
  4. We respond to the opposing side’s answer to your demand letter.
    As you may imagine, since we’ve done whatever it takes to make your case bulletproof, we’ll respond to their answer firmly and directly. At this point, they know we’re ready to take them to court – which is the last thing they want to happen. No defense attorney wants to be subject to the whims of a jury sympathetic to an injured party. So, we’ll continue to build your case and prepare for trial. As the court date approaches – and pressure rises on the opposing side to settle – you can usually expect them to sweeten their offer. If we believe you’ll be best served by accepting it, we’ll let you know. If not, we’re all-in on taking matters to court. 
  5. You decide whether to accept a proposed settlement or to take your case to trial.
    We want to assure you that the decision either to proceed with a trial or to accept a negotiated settlement is always and entirely yours. After all, we represent you, and as your legal advocates we follow the Michigan Courts Rules of Professional Conduct – a strict code of ethics that requires us to put our clients first always. Here’s what the rules have to say about how we promise to serve you: “As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others.” So, rest assured that we’re on your side every step of the way – whatever it takes to win your case.


You Don’t Have to Suffer Alone – Get Us on Your Side!


To have a Mike Morse personal injury attorney by your side as an advisor, an advocate, and a negotiator who has your best interests at heart, it just takes a simple phone call to 855-MIKE-WINS (855-645-3946) or a quick click of the mouse right here. If you’ve been injured due to someone’s negligence or irresponsible actions, don’t suffer in silence or bow to an insurance adjuster’s pressure to settle your case for next to nothing. Pick up the phone and get in touch with us right now. We’re ready to be your lawyers from the very moment you call us.