Understanding the Negotiation Process in Personal Injury Cases

In Kingston, , or Sudbury as well as throughout Ontario Province, negotiations toward a settlement typically start after the plaintiff and his or her personal injury lawyer have sent a demand letter to the defendant’s insurance company.  In most cases, the negotiation process may only consist of a handful of phone calls back and forth between your lawyer and insurance company’s claims adjuster or their lawyers.

Determine what Amount You will Settle for

You should have, with the help of your personal injury lawyer in Toronto, pre-determined what your case would be worth in cities similar to Ottawa, or Sudbury.  However, you should also establish a bottom line or minimum amount that you will accept and keep that figure in mind during the negotiating process.  However, this figure is between you and your lawyer.  It is not information that you want to share with the adjuster.

Additionally, you want to be flexible with that bottom line figure just in case the adjuster identifies certain facts that you hadn’t taken into consideration and ones that weaken your personal injury claim.  Just be prepared to lower your settlement amount if a situation like this arises during negotiations.  Furthermore, if by some chance, an offer for an amount that is close to your minimum figure is made, you may want to increase that amount.

1st Contact between You and the Adjuster

When you first make contact with the insurance company adjuster, the two of you will each discuss the strengths of your claim as well as any weaknesses.  The adjuster will most likely make a settlement offer that is considerably lower than what you specified in your demand letter.  Your next move will be to counter that with a slightly lower amount than what you demanded originally but still higher than the adjuster’s counteroffer.  In most cases, a settlement will be agreed upon within two or three of these phone calls.

Emphasize what You feel are Emotional Factors

Don’t waste time rehashing the facts of your case during negotiations.  Try emphasizing the stronger or emotional factors in your case.  For example, the defendant was at fault; you had adverse, long-term, or even permanent effects; your injuries were extremely painful; or your medical expenses were completely reasonable.  You should also stress the affect your injuries had on your emotionally. Some of the people suffer with Post traumatic stress disorder due to this.

For example, if the adjuster was sent a disturbing or graphic photo of the accident scene or a severe looking injury that resulted, you could mention how these impacted your quality of life or how they detracted from your ability to care for your children.  You might even mention how your child suffered from seeing you injured.  Remember, it is almost impossible to assign a dollar value to the way in which your emotions suffered from this sort of trauma. This will help you get better compensation.