Settlement Negotiation Process with a Lawyer

After you’ve been in a car accident or other personal injury incident, you may feel stressed at the thought of a long legal battle. But before you imagine yourself pleading your case in front of a judge, remember this: most cases are negotiated and settled on before they can even reach the courtroom. 

Working with a reliable Phoenix auto accident lawyer like Gage Mathers can save you a lot of time, money, and stress. But what exactly does this process look like? Your lawyer advocates for your best interests by exchanging offers with the other parties involved, gathers evidence to support your claim, and works toward finding an agreement both parties can feel comfortable accepting.

Demand and Discovery

Before any negotiations can begin, your attorney will first need to send a demand letter to the other party’s insurance company to let them know who you are, when the incident or accident happened, the nature of your injuries, and a general demand to be compensated. Usually, the company will respond with a reservation of rights letter letting you know they won’t pay a dime until the incident has been fully investigated.

Now comes the paper chase, or the discovery portion of the process. At this point, your attorney will hunt down and provide proof to support your claim, including: 

• Medical bills
• Proof of any lost income
• Property damage evidence (photos or videos)
• Witness statements
• Police report

The discovery phase is incredibly important in any settlement negotiation, especially if a driver is denying liability for the car accident. It will also help your lawyer determine what proper compensation should look like for any damages or injuries you sustained.

The Negotiation Process

Next, your attorney will go back and forth until a fair settlement can be reached. Wondering how lawyers negotiate higher settlements for their clients? There are three key ingredients in this recipe for success: plenty of preparation, solid strategy, and clear communication.

Your lawyer should come ready with solid evidence from their investigation to back up your claims, have a clear understanding of your goals, and make a realistic assessment of what the case should be worth. With this information, they can craft compelling arguments, counter any lowball offers, and push for a settlement that makes sure you get the justice you deserve.

The best lawyers also know when to be flexible and when to stand firm, finding a balance that keeps negotiations moving forward. When everyone is on the same page, the settlement agreement can officially be signed–making it binding for both parties.

How Long Do Negotiations Take?

Settlement negotiations can last anywhere from a few weeks to several months, but it depends on the case. If the case is relatively straightforward, it might settle within a couple of months. 

Sometimes, a case can be complicated, though–depending on how bad the injuries are, if the other driver is denying liability, or if multiple people are involved. The more complex it is, the longer it could take.

Throughout this process, it’s important to stay patient, especially if the other party is being stubborn and not cooperative. Your lawyer works in your best interest and will be hard at work to make sure you get the best possible outcome for you.

In rare instances, you may not be able to come to an agreement. If this happens, you could go to trial or your lawyer could recommend mediation, where a neutral third party helps negotiate the settlement.

Choosing a Good Advocate

Settlement negotiations can be overwhelming and stressful, which is why it’s so important to choose the right attorney to advocate on your behalf. With more than fifty years of experience, millions recovered, and a 99.9% success rate, Gage Mathers Law Group can handle the case.

Our team has a solid grasp on the complexities of the legal system and can negotiate with insurance companies to get the best possible results. We take a personalized approach–dedicating our time to understanding you and your needs, building the right strategy for your case, and fighting hard for you. We’re beyond committed to making sure you are fairly compensated for all you’ve been through!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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