Certain states put a limit on the damages for pain and suffering. Still, no state has put a limit on the number of economic damages that a given plaintiff has the right to claim.
Furthermore, the negotiation process is basically the same in every state.
Guidelines recognized by all lawyers
The plaintiff should have in his or her mind some figure, one that represents the smallest acceptable offer from the other side. Plaintiffs should be prepared to change that figure, after the other side has put forward it initial bid.
If that initial bid comes close to the figure in the plaintiff’s mind, then that figure is too low. In other words, the plaintiff should select a higher number. Plaintiffs should also raise that number in their head, if a new piece of evidence has been uncovered, one that supports the plaintiff’s version of events.
Never accept the insurance company’s first offer. Some adjusters make a low-ball offer in order to test the plaintiff. They want to see how eager the other side is to settle.
Instead of accepting a low offer, seek justification for the presentation of such a low bid. Put the request in writing. Then during the next phone call, try to learn how the adjuster intended to answer the request for a justification.
If the adjuster has some valid points, the figure in the plaintiff’s head might have to be reduced. Often, though, plaintiffs just need to provide the adjuster’s office with more information as per Personal Injury Lawyer in Mississauga.
Do not put forward a new offer until you have received a response to your previous offer. The insurance company might be ready to accept your bid. If you change it, and make it lower, you remove your chances for getting that larger amount of money.
Strategy used by many lawyers
Emphasize any emotional points, but do so without raising your voice. When possible, use pictures to focus on an emotional issue. Some Personal Injury Lawyers in Mississauga get video footage of their client struggling to do simple tasks during the day.
Demonstrate patience. Show an understanding of how the adjuster must work with his or her supervisor. Learn if the adjuster can provide a date when a certain piece of information should be available.
Demonstrate persistence. If the adjuster has promised to deliver a piece of information on a particular date, and does not do so, do not hesitate to call the adjuster’s office. Let the adjuster know that you might call the adjuster’s supervisor, if the answer you seek has not been provided in a short span of time.
Be polite and courteous. Do not act like you want to put pressure on the adjuster, unless it seems like the time to call supervisor.