Negotiation plays an important part in resolving many personal injury cases. This is because most claims are settled out of court without a trial.
If you or a loved one were injured due to another party’s negligence, you will likely resolve the matter through negotiations outside the courtroom. A personal injury lawyer can negotiate on your behalf and assist with maximizing potential compensation after an accident.
What Are Negotiations in a Georgia Personal Injury Case?
Negotiations may happen at various stages of a personal injury case, from right after your injury to shortly before a trial begins. The process typically involves you and your personal injury attorney attempting to agree on a fair settlement amount with the at-fault party and their insurance company.
The goal is to agree on an amount that will adequately cover your losses for medical bills, lost wages, pain and suffering, and other damages. Successful negotiations can help you avoid the time, expense, and uncertainty of going to trial.
The Negotiation Process in Georgia
Every personal injury case is unique, but negotiations typically follow a similar process. This includes:
1. Filing Your Claim
After suffering an injury, you will likely file a claim with the at-fault party’s insurance company. You may present initial evidence, such as medical records, witness statements, and details regarding how the injury happened.
Your attorney can gather the appropriate evidence and determine the value of your claim. This requires calculating your economic damages for medical expenses and lost wages and non-economic damages for things like pain and suffering. Factors such as your age and the impact of the injury will be important.
2. Investigation and Evaluation
The insurance company will then investigate your claim. The investigation typically focuses on determining liability and assessing the extent of the damages. They may review accident reports, medical records, photographs, and other evidence to determine whether the insured is responsible for the injury and, if so, how much compensation they deem appropriate.
Disputes over liability may stall negotiations, while shared liability for your accident can reduce compensation proportionally or bar it altogether under Georgia’s modified comparative fault rule.
3. Initial Settlement Offer
The insurance company may then choose to make an initial settlement offer. However, the first offer is often much lower than your case is worth. Insurance companies typically aim to settle for the least amount possible to protect their bottom line. A personal injury attorney can help you recognize lowball offers and respond strategically.
4. Counteroffers and Continued Negotiations
You and your lawyer may respond to an initial offer with a counteroffer. It may be supported by additional evidence of liability or damages. Medical records, expert testimony, and other relevant documentation can be especially valuable.
Negotiations can continue back and forth for weeks, months, or even years as each side makes offers and counteroffers. A personal injury lawyer will work to push for a settlement that fully compensates you for all your potential damages.
5. Reach a Settlement Agreement
The case is resolved without trial if both parties agree on a settlement amount. Once a settlement is finalized, you will typically sign a release form and give up your future claims for compensation related to the injury. The at-fault party and their insurance company will agree to pay the settlement amount.
If negotiations break down, reaching a settlement may not be possible. Your case may then proceed to litigation, where a judge or jury will decide the outcome.
Key Factors in Georgia Personal Injury Negotiations
Several factors influence the negotiation process in personal injury cases. These include:
1. The Strength of the Evidence
The quality and strength of your evidence will impact negotiations. Strong evidence showing the other party’s liability and the extent of your damages can pressure the insurer to offer a higher settlement. Conversely, weak or ambiguous evidence may reduce the likelihood of a favorable offer.
2. The Severity of Your Injuries
Severe injuries typically result in higher settlement amounts. Cases involving permanent disabilities, extensive medical treatment, or long-term rehabilitation tend to draw larger settlements than minor injuries.
3. Your Economic and Non-Economic Damages
Economic damages, such as medical bills and lost income, are easier to quantify. They are more straightforward to negotiate in a settlement.
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more subjective. Negotiating compensation for these damages may take longer as both sides consult expert witnesses.
4. Insurance Policy Limits
The compensation offered through a settlement may be limited by the insurance policy involved. You generally cannot secure a settlement over the policy’s limits. However, additional compensation sources may be available. A personal injury attorney will investigate all potential avenues for compensation in your case.
A Personal Injury Attorney Can Negotiate a Fair Settlement on Your Behalf
Negotiation is a key part of many personal injury claims. Having an experienced personal injury attorney on your side can make all the difference during this process. An attorney can help protect your right to fair compensation. If you or a loved one has been injured, schedule a free consultation with a Lawrenceville personal injury lawyer today.
Contact an experienced Lawrenceville personal injury lawyer at Lawson Personal Injury Attorneys for a free consultation.