One of the more surprising statistics associated with personal injury claims is the fact that over 90% of them get settled out of court. This fact says a lot about the negotiating skills of the personal injury lawyer in Mississauga and legal team that you hire to represent your case. The negotiation process is a lot like bargaining or haggling at an outdoor market. You and your lawyer will bargain or haggle with the insurance company and their lawyers for a settlement in your personal injury case.
You know what the damages are worth and the minimum you are willing to accept for them while the insurance company knows how much they are willing to settle for.
Unfortunately, neither side knows what one is willing to accept or pay. So both sides begin negotiating until they eventually agree upon a settlement. In most cases, your personal injury lawyer team and the insurance company’s lawyer will reach a settlement in three or four telephone calls at most. Basically, this is the process:
1) You and your lawyer compose a demand letter asking for a high settlement amount and submit it to the insurance company.
2) The insurance company’s adjuster/lawyer explains what’s wrong with it. For instance, he or she may say that the amount of rehabilitation therapy was unnecessary or that they are questioning liability.
3) You submit a response to these statements. If you are not able to do it alone, talk with your lawyer and allow them to draft the response.
4) The insurance company’s adjuster/lawyer submits a lower counteroffer to test if you’re in a hurry to settle for any amount.
5) You and your personal injury lawyer reject the counteroffer with a lower slightly lower amount than what was in the demand letter.
6) The insurance company’s adjuster/lawyer submits a higher amount. However, it is still less than the decreased amount you asked for.
7) At this point in the process, you either agree to that amount or submit another counter-demand for more. It is best to allow your lawyer to handle it.
The bottom line is that the outcome of your case will depend on how well you, your personal injury lawyer in Mississauga, and your legal team have prepared for it. This includes what you’re willing to accept and how quickly you want to settle. Most of the lawyers prefer to negotiate and settle the case out of court. This not only helps you get the compensation faster but help you save time and money. Thus, ensure that you work with a lawyer that has handled such cases before.