Tips to Negotiate a Fair Settlement for Your Personal Injury Claim

Written By Alla Levin
September 20, 2023

Getting into an accident is a painful and traumatic experience. After that, negotiating a fair settlement becomes the main concern for the injured person. Most victims don’t know how to handle this situation. Also, they feel confused about what type of settlement they can expect.

However, getting a personal injury claim settlement from the insurance company or the responsible party is challenging. You have to negotiate with them to get the compensation you deserve. In this article, we have given you six tips to help you negotiate a fair settlement for your personal injury claim:

Fair Settlement for Your Personal Injury Claim: Preserve Important Documents

Before you start negotiations with the insurance company, you should organize all your loss-related documents and evidence into a claim file. Having an organized record will also make it easier for you to communicate with the insurance company.

Organizing your medical records and bills by date and provider is also important. You should keep copies of your doctor’s notes that prove your inability to work while you recover from your injuries. The following documents are included in your personal injury claim file:

  • Photos of the accident location and your injuries;
  • Lost income documents;
  • Witness statements;
  • Journals about your pain and treatment or an injury diary;
  • Emails, letters, and other written communication to and from the insurance firm.

Know the Value of Your Claim

Knowing your personal injury claim value can help you negotiate a fair settlement with the insurance company or the negligent party. However, calculating your personal injury claim value is not an easy task. You need the assistance of a lawyer. They will use the relevant methods to determine the value of your personal injury claim. Many factors can affect your settlement amount. This includes:

  • The extent of your injuries;
  • The amount spent on medical expenses;
  • The impact of your injuries on your income and quality of life;
  • The degree of fault of the at-fault party.

Plan Your Negotiation StrategyFair Settlement for Your Personal Injury Claim

If you want to go ahead with a personal injury claim by yourself, then you will need to prove the following:

  • That the person or entity that caused your injury was negligent or breached their duty of care toward you;
  • You should confirm that the negligence or breach of responsibility of the other party directly caused your damage;
  • You should prove that you suffered losses or harm due to your injury. This includes both economic, like medical expenses, and non-economic damages.

It is essential to be prepared to deal with the insurance provider. Make sure you have sufficient evidence to back up the elements above.

Understand Your Injury

It is always necessary to better understand your injury and its long-term effects. This will help you during the negotiation process. You can use this knowledge to argue strongly with the insurance adjuster. It is one of the best negotiation tactics that helps you get a reasonable settlement.

Be Patient

You should be patient during the negotiation process. You can use this strategy to make the insurance provider think that you are willing to wait another year or more to see the recovery of your injury.

It is necessary to discuss your injury in medical language, expressing your realistic concern about the long-term impact of the personal injury. By doing so, you can easily make the insurance adjuster think about you. This will increase their eagerness to settle your personal injury claim.

Reject Poor Offers

Most insurance providers always make you compromise on the lowest settlement. But you have to stay in the game. A reasonable settlement offer covers all of your economic and non-economic losses.

You should remember your claim value before accepting any settlement offer. The insurance provider will try to lower the compensation amount or reject the claim altogether. That’s why getting help from an experienced attorney who can guide you is essential.

Fair Settlement for Personal Injury Claim: Final Thoughts

We hope these six tips help you negotiate a fair settlement for your personal injury claim. Remember that every personal injury case is different and that the outcome of your payment may depend on several factors.

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