Hablamos Español

Close this search box.

What Is the Role of Negotiation in Personal Injury Cases, and How Can a Lawyer Help Me Secure a Fair Settlement?

Negotiation is the most common way injury victims reach fair settlements in personal injury cases. When claimants work with an attorney, their personal injury lawyer estimates the possible settlement value of their case and works to secure compensation within this range. A claim generally leads to negotiations between the lawyer and the liable party’s insurance carrier. 

While some injured victims negotiate their own settlements, hiring a personal injury lawyer gives you more time to focus on your health and well-being following a serious injury. They rely on their skills, experience, and resources to secure what you need to rebuild your life. 

How a Personal Injury Lawyer Can Help You Secure a Fair Settlement 

Negotiating a fair settlement is more than going back and forth with a claims adjuster; it requires your lawyer to: 

Review the Liable Policy’s Details 

If you hope to resolve your personal injury case through insurance negotiations, we must understand the liable insurance policy’s details. This involves reviewing exclusions, deductibles, and filing deadlines. Being well-versed in this information puts us in a good position to compel damages from the liable party. 

Investigate the Details of Your Accident 

Your lawyer must have evidence that illustrates the at-fault and liable parties. This information depends on the details of your injury. For instance, if you were hurt in a car accident, your lawyer could use the accident report, traffic camera footage, and eyewitness testimony to learn what happened and who is responsible. 

If you suffered an injury from a defective product, we could use proof of purchase information and photos of your injury to compel a fair settlement. 

Understand the Severity of Your Condition 

When pursuing what you deserve, your lawyer must account for the severity of your condition and its toll on your life. That’s because compensation is more than money; it should offer the financial resources you need to manage your condition and reach maximum medical improvement. 

Some injuries that could serve as the groundwork for your product liability claim include: 

  • Traumatic brain injuries
  • Spinal cord trauma
  • Broken bones
  • Nerve damage
  • Lacerations 
  • Torn ligaments
  • Avulsions 

Calculate What Constitutes a Fair Settlement Offer 

Your personal injury lawyer can help secure a fair settlement by documenting and valuing your expenses. This allows them to determine a fair settlement range when dealing with the insurance company. 

Your lawyer will collect documentation of your damages that includes: 

  • Medical bills
  • Income statements
  • Documentation of time away from work
  • Receipts for related expenses
  • Medical expert testimony about your prognosis and care needs
  • Estimates for future medical care
  • Other paperwork showing expenses and losses

This evidence will allow them to calculate how much you might have lost because of your injuries and treatment. 

What Constitutes Fair Compensation in a Personal Injury Case? 

Financial recovery, whether obtained through a settlement or court award, should account for the full scope of your injury-related losses––including those you haven’t incurred yet. Compensation for product injuries include: 

  • Healthcare costs, including medications, doctors’ appointments, and surgeries
  • Your lost income, along with tips, commissions, and other forms of revenue 
  • Loss of future earning capacity 
  • Property damage expenses (if you were in a collision, for instance) 
  • Anything you spent out of pocket related to your condition
  • Pain and suffering 
  • Other non-economic damages, such as mental anguish and emotional trauma 
  • Wrongful death-related damages, such as funeral and burial expenses

Our personal injury attorneys operate on a contingency-fee basis, meaning our clients never pay upfront fees or costs to retain our help. Our attorney’s fees come from your settlement and never from your pocket. This arrangement is just one of many things you can learn about during your complimentary case review.

You Have a Limited Time to File Your Personal Injury Lawsuit 

Each state sets a deadline to sue. California, for example, has a personal injury statute of limitations of two years under CCP § 335.1. While this date is important if you need to sue for compensation, many successful cases end with a settlement before suing or before the trial date arrives. We recommend contacting an attorney as soon as you recognize you might have a case or when your injuries allow.

Discuss Your Personal Injury Case With Our Team For Free Today

KJT Law Group provides free consultations for personal injury victims and their families in our service area. You can trust our team to assess your options and explain how our attorneys may proceed with your case. A personal injury lawyer from our team can help you secure a fair settlement if you suffered injuries from a collision, fall, or defective product. Contact us today for a free consultation at (818) 507-8525.  

We Will Fight For You

Contact our firm to get started.
Please enable JavaScript in your browser to complete this form.