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  • Writer's pictureRobert Schuerger II

How Settlement Negotiation Works in an Injury Case - What Victims Should Know

Typically, a personal injury settlement is negotiated with the insurance adjuster or company. After being in a car accident or something else, the victim can get compensation for pain and suffering and financial losses. However, it's difficult to negotiate during a personal injury case. Most insurance companies won't make generous offers and focus on giving a lower settlement amount when possible.


It's wise to hire an injury lawyer in Nashville to get the best results. Schuerger Shunnarah Trial Attorneys is here to help. Please request a free consultation by calling today!

Let's now focus on how settlement negotiation works in an injury case!


How a Lawyer Negotiates Settlements

How a Lawyer Negotiates Settlements

In most personal injury cases, it's hard to negotiate for a fair settlement, though it's crucial for the victim to get what they deserve. Therefore, it's best to work with a lawyer who understands personal injury settlement negotiation. This guide will help victims learn how attorneys negotiate settlements and get the financial compensation they deserve. They can help with questions like does a no-fault claim guarantee a settlement?


Keep Track of Evidence


Settlement negotiations focus primarily on evidence. This includes the severity of the injuries and who was at fault. Victims can help themselves by purchasing a large folder to store all their relevant documents within, such as:

  • Photographs of the incident

  • Car repair bills or estimates

  • Prescription drug receipts

  • Medical bills

  • Medical records

  • Emails and letters exchanged with the insurance company

  • Copy of the police report

It's quite easy to lose such information, and it's often hard to retrieve it again. Though an attorney can get the data for the victim, it takes time and will likely cost more. Therefore, it's wise to keep evidence readily available and organized to strengthen the injury claim when it's time to do so.



Contact the Defendant's Insurance Company to Open a Claim Quickly

Call the at-fault party's insurance company as soon as possible to open a claim and start the settlement negotiation process. The victim's primary insurance carrier can also do this.


It's best to only give basic information when reporting the incident, including the location, time, and date. Never offer a detailed statement without discussing it with a lawyer.



Generally, it's wise to report the accident immediately. Otherwise, the insurer could suspect that the victim's claim is not credible. It's suspicious to wait two or three weeks before making a report, and the insurance adjuster might say the victim invented the injuries or exaggerated them.


Estimate the Value of the Claim


Before entering into a negotiation, it's best to fully understand the value of the losses and injuries. Those in Nashville, Tennessee, could be eligible to receive compensation for lost income/wages, medical expenses, and repairs for the vehicle and any other property damage.


For injury claims, it's wise to calculate the total amount of the medical costs, even if the health insurance covered it all. Likewise, victims should consider any future care they might need and a lower earning capacity if the injury is long-lasting.


It's best to work with a personal injury lawyer to estimate pain and suffering and other intangible losses. They will help to determine the appropriate insurance settlement amount. Attorneys generally know how much to request for these situations and can often get more than a victim could alone.


Write the Demand Letter


The demand letter is where the victim presents their side of the story, outlining how the accident impacted their life. It should be well-written, factual, and short. Include information about any injuries and the treatments used to fix them. Likewise, specify the amount of compensation sought, which is usually higher than the estimated claim value.


Reject the First Offer from the Insurance Adjuster


Typically, the insurance adjusters will start with a lower amount, so it's wise to reject the insurance company's offer initially. This process will go back and forth, and the victim's goal is to get a settlement that fully compensates them for all losses. In most cases, it's best to meet in the middle to achieve a successful outcome out of court.


Highlight Any Facts Benefiting the Victim


The victim should provide a reason why they're rejecting the first offer. If they don't, the adjuster will think they're being difficult. It's important to establish credibility initially. Emphasize the facts that benefit the victim here, such as:

  • Clear Fault - The witnesses might agree that the other party was to blame, or the driver might have admitted it.

  • High Medical Bills - A person with serious injuries must show that they require future care.

  • Intense Pain and Suffering - Bring in witnesses who will explain how the victim's injuries made life challenging. They should go into vivid detail without lying.

Stay Calm Throughout the Negotiation Process


Being confident (or appearing that way) is crucial during settlement negotiations. Don't get annoyed or upset with the insurance company. This will generally cause the victim to lose credibility and make mistakes. Personal injury cases are business transactions.


Hire an Attorney to Help with the Personal Injury Settlement

Hire an Attorney to Help with the Personal Injury Settlement


An accident victim doesn't have to go through the negotiation process alone. They can work with a personal injury lawyer, who will:

  • File a lawsuit when negotiations fail.

  • Identify all other parties at fault for the incident.

  • Negotiate with the insurance company to get the maximum compensation possible.

  • Collect evidence showcasing the severity of the victim's injuries.

  • Properly value the claim, including pain and suffering, lost earning capacity, and future medical treatment.

Dealing with the claims adjuster alone can be upsetting. Therefore, it's wise to start a personal injury claim with a reputable lawyer. Schuerger Shunnarah Trial Attorneys has many years of experience and can help clients get a fair settlement from the insurance adjuster. They can also help with questions like how do ndas work in personal injury lawsuit settlements?


It's important to note that once one agrees to the settlement amount, they cannot ask for more compensation at a later date. An experienced personal injury attorney will help victims get as much as possible to accommodate them for the rest of their lives.


Getting fair compensation isn't easy, and most injured victims are focusing on recovering from their injuries. They don't have time to haggle with the insurance company or write letters demanding compensation. Therefore, it's wise to call Schuerger Shunnarah Trial Attorneys or use the online contact form to request a consultation now.

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