Most personal injury claims resolve pre-suit. Here’s how lawyers negotiate and achieve settlements without resorting to costly litigation that eats up net compensation.
Truth be told – negotiating a settlement without litigation is in everyone’s best interest – even for the party who allegedly caused your injury.
Why?
Because it avoids a lawsuit – which costs everyone tons of time and money.
So with just about every personal injury claim, the defendant is almost always willing to settle because that’s will ultimately net them the maximum compensation.
And 90% of the time, both sides agree to the settlement.
There is that occasional case that gets litigated, usually because one side’s not being reasonable. But most of the time, you can expect a settlement to happen.
Tactics That Help Maximize Settlements
Prepare as If You Are Going to Trial
Even though we know your case most likely won’t go to trial, our attorneys prepare as if it will. This shows the other party that we’re serious about doing the best thing on your behalf.
At a very basic level, we must know the facts of your case, the specific sections of law governing it, and the strengths and weaknesses of your legal position.
Specific Negotiation Tactics & A Focus on Ethical Negotiations
Now we won’t tell you exactly which negotiating tactics we use in any given situation (good negotiations there, right?), but you may see some like these:
- You’ll have to do better than that
- Generating options
- Conditional proposals
- Firm policy
- Avoiding making the first offer
Whenever we negotiate on your behalf, we do so with a focus on honesty, fairness, and integrity. We do aim to get you the maximum financial compensation you deserve, but we must have a fair and reasonable argument for arriving at that number.
Leave an Opening for Closing the Deal
Sometimes, the deal won’t close at the first mediation.
It’s not always possible to make it happen.
In this case, even though the offer may have initially been rejected, we might make the same offer and put a time window on accepting it. Usually, we’ve made enough progress in the first mediation such that it’s most likely a settlement will be completed in the future.
Stay Involved with the Written Drafting of the Settlement
Oral agreements often work out just the way they were discussed in writing. But they don’t always.
Depending on how the situation works out, either we draft the settlement or the opposing counsel does. If they do it, we review their draft to the minutest detail and confirm with you that everything is written as discussed.
If it all sounds good, then you sign it.
That’s the bare bones of how the negotiations process works. Now you know you are in good hands when Mullen & Mullen Law Firm advocates on your behalf. Get a free consultation on your case now.
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