May 23, 2022

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Why Negotiations Are Tough After An Accident Claim

2 min read
<strong>Why Negotiations Are Tough After An Accident Claim</strong>

For personal injuries lawyers, it is very clear that in the majority of their cases they are going to have to negotiate with the other side in order to reach a settlement agreement which everyone is happy with. This is the same for all lawyers within this sphere from truck accident lawyers to those who specialize in slip and fall. This is the best outcome for all involved, and here is why these negotiations are so tough. 

Importance of a Settlement 

The reason why a settlement is important is that it meets the needs of all involved. To begin with, nobody wants the case to go to court and if it can be avoided then it should be. The reason for this is that it drains resources and the time of both legal teams. Even the client who is claiming could do without this, and they would much rather that their case was settled quickly and easily. 

Tug of War

Ultimately the settlement negotiations start when one side accepts responsibility for the accident which was caused. This however is very much a tug of war between two sides, in order to reach the perfect settlement. On the one hand you have the insurance company who want to pay out as little as they possibly can, and on the other you have the prosecution who are looking to get as big a payout as possible for their clients. This is why negotiations will be challenging, because as much as both sides do want to reach a settlement, they also want to get it at the right price. 

Helpful Precedent 

One of the most helpful aspects of these cases is the use of precedent. In fact there are many cases which can be found in personal injury law which we see repeated, and that makes deals much easier to strike. For example if someone has fallen over on a slippy floor and broken their wrist. This example is commonly found and they often have what is generally considered as a set amount which will be paid out. Whilst this can happen in some cases, when we look at car accidents or truck accidents, or even medical malpractice, the complexities of each case often mean that precedent serves no purpose here. 

Using Just Enough Evidence

When negotiations are started it is important that the defense are made aware of some of the evidence which the other side has, in order for them to realize that they are unlikely to win the case should it go to trial. What is also critical however is that they prosecution don’t give all of their evidence over, as that would of course mean that the defense had an advantage. This is a fine line to walk and it is one which makes these negotiations that little bit more difficult. 

Whilst these are a necessary aspect of personal injury claims, they are very difficult for all involved. 

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