Settlement Negotiations in Car Accident Cases

A lot of factors go into negotiations following a car accident. When dealing with insurance adjusters, insurance company lawyers, or other parties involved if the proceedings turn legal, the process may be overwhelming for victims who are also dealing with injuries. The Miami car accident attorneys at the Law Offices of Robert Dixon have extensive experience dealing with all issues regarding settlement negotiations in car accident cases. Our firm proudly serves people throughout Miami-Dade, Broward, and Palm Beach Counties, including in Miami, and West Palm Beach. If you or someone in your family has been injured in a car accident and would like to find out more about settlement negotiations, contact our office today to schedule a free, no-obligation consultation.

After a car accident, victims often need financial assistance for property damage and injuries, which includes medical expenses, both incurred and expected, as well as rehabilitation costs. When these injuries are severe, victims may suffer a diminished capacity to be employed as they previously were, and they thus may require compensation for their future loss of earnings. All of these amounts must be considered when starting the settlement negotiation process. Sometimes insurance adjusters, as well as other parties or their attorneys, may have different viewpoints on just how significant an injury is and how it may affect a victim’s life. These differences may be resolved throughout the negotiations, or they may be a sticking point that leads to litigation eventually.

Regardless, negotiating toward a settlement for an insurance claim is the first step in trying to resolve a car accident case. Initially, a written demand letter is sent to the adjuster, usually asking for a high amount to start. Generally, next, an adjuster will issue a response detailing what they find to be problematic with your demand, such as questions regarding the liability of the parties involved, or whether or not certain treatment is necessary. This process may go back and forth quite a bit, and eventually an adjuster may make a low counteroffer to the initial demand. What is important to remember during negotiations is that the adjuster is seeking to diminish costs for their business, so an initial offer is going to reflect the minimum that the company is required to pay on a claim. Offers and counter-offers may go back and forth, depending on each party’s willingness to concede.

Evidence and preparedness is essential to the negotiating process. A car accident victim should be equipped with documentation of all of their injuries, medical treatment, and property loss, as well as records of time spent away from work and other expenses associated with injuries. Economic damages are relatively tangible and therefore usually easier to determine. When a negotiation involves substantial non-economic pain and suffering damages, the discrepancies may be more considerable. Being able to articulate how your injuries have affected you and providing evidence to support those effects is critical. Even though emotions may run high when talking about your injuries, it is important to remain professional and patient when dealing with an adjuster. Although it is personal to a victim, adjusters are trying to do their job and are not usually personally hostile to a claimant. However, if negotiations reach a standstill, or you believe that an adjuster was acting in bad faith, you may consider consulting an attorney who can help you evaluate the situation better.

If you have been injured in a car accident and need help negotiating a settlement, the motor vehicle collisions at the Law Offices of Robert Dixon can assist you. Having a seasoned and knowledgeable legal advocate on your side may help make sure that a fair resolution is reached so that you can move on with your life. If you are interested in finding out more about our legal services, call 877.499.4878 or contact us online to schedule a free, no-obligation consultation with a Miami attorney regarding your case.