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How Are Personal Injury Settlements Negotiated?

When you are injured in an accident, you are entitled to compensation from the insurance company for your injuries, otherwise known as damages. In order to receive compensation, you need to negotiate with an insurance adjuster in order to reach a compensation amount that is agreeable to both you and the insurance company. Learn about the process of settlement negotiations and how a personal injury attorney from Heuser & Heuser can help you get the compensation you deserve.

What Are the Topics of Negotiation?

Negotiations first of all need to address the basics — coverage and liability. You and your insurance adjuster need to confirm that your insurance company does indeed cover your accident or particular situation. You also need to establish who is liable, or at fault, for the accident and how much of that fault belongs to you.

The rest of the negotiations cover your injuries and treatment. Your adjuster will ask prodding questions about the extent of your injuries and whether the treatment you received was absolutely necessary. They may also inquire about your medical past to see whether a prior condition may have exacerbated your claimed injuries.

Insurance adjusters have the right to ask these kinds of invasive questions, as that is their job. Hiring a personal injury attorney to negotiate on your behalf with your adjuster ensures that your case is being treated fairly and that negotiations remain professional and legitimate.

What Happens During Negotiations?

Negotiations involve a back and forth dialogue between you or your attorney and your insurance adjuster. Negotiations begin when you send your insurance company a written demand letter asking for a high amount of compensation for your damages. The insurance adjuster then responds with questions and arguments relating to the topics we discussed previously and offers a low amount of compensation.

Depending on how rushed you are for your compensation, you may decide to take this offer. However, if you hold out and continue negotiating back and forth with your adjuster, you should be able to come to an amount that is agreeable to both of you.

Your claim organization and supporting documents have a huge impact on whether you are able to settle on a fair amount and how quickly you reach this agreement. Personal injury attorneys specialize in preparing the investigation, supporting documents and demand letters, so consulting a lawyer can also increase your chances of settling your claim sooner rather than later.

Characteristics of Positive Negotiations

You and your insurance adjuster essentially have the same goals in mind — to come to a satisfying amount in the shortest amount of time. Therefore, if you remain organized, patient and persistent, you will come to an agreement sooner than if you make snap judgments or give up easily.

Remain emotionally calm and verbally professional and straightforward to increase understanding between you and your adjuster. Keep in mind that you are fighting for your fair right to compensation, and your insurance adjuster is simply doing their job to verify all your facts.

Personal Injury Attorneys Can Help Negotiate Your Settlement

Your personal injury case is naturally an emotional topic for you, so it’s easy to become scatterbrained or somewhat hysterical. This isn’t necessarily anything to be ashamed of, but it can hurt your chances of reaching an amicable settlement.

Consider hiring one of the professional and experienced personal injury attorneys from Heuser & Heuser to help you through the negotiating process. We proudly serve the Colorado Springs, CO region, and we’ll be proud to serve you too.

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