How Do Personal Injury Lawyers Negotiate Claims?

Jennifer Betts 0

The goal of settlement negotiations in personal injury cases is to obtain the most compensation possible for your injuries and damages. Many factors determine the amount you may receive to settle the injury claim. An experienced Personal Injury Lawyer in Macomb County, MI

 will negotiate with the insurance company to settle your case fairly and quickly.

You do not have to go to court to recover the full amount of your damages. Even if your attorney files a lawsuit, it does not guarantee that your case will go to trial.

How are claims negotiated? 

  1. Before Settlement

Even if a person has a valid personal injury claim, seeking as much medical attention as possible is good before considering a settlement. A physician will decide a good course of treatment for such injuries sustained. 

An attorney should have as many details as possible about the accident victim’s current and future medical needs. After a physician has determined the cause, severity, and duration of the injuries, an attorney can begin the process of obtaining a fair settlement.

  1. A Personal Injury settlement starts with an initial offer

Either party may make an initial settlement offer. The party who receives the settlement offer may accept or reject it. In addition, a counteroffer based on the initial offer may be made.

The negotiation process with most personal injury cases begins with a demand letter. Injury Attorneys in Macomb County, MI, can help with a demand letter which will include the following items:

  • A discussion of the applicable laws that hold the at-fault party responsible for your losses.
  • A detailed account of your injuries and also the damages caused by the negligent party.
  • The sum you demand to settle the claim.
  • Medical records copies and proof of losses.
  • An insurance policy.

Before your attorney sends a demand letter, an insurance adjuster may offer you an initial offer. However, the insurance company’s initial offer will almost certainly be much less than the actual value of your losses. As a result, it is inadvisable to settle your claim without first consulting with an attorney.

  1. Proving Financial Liability

The next step in recovering remuneration from an insurance agency is to prove that they are financially liable. The injury attorney will first demonstrate that their insured was neglectful or reckless before referring to their insurance policy.

They need to review the legal jargon in their insurance policy to ascertain how much money they can receive and for what. Do not believe the insurance company will be forthcoming with information. The lawyer will question every step of the procedure and gather data.

  1. Amount of Settlement

Before contacting an insurance company, an experienced attorney will have a target settlement amount in mind. The decision is based on many factors. 

 A potential economic loss will cover diminished earnings potential or the inability to earn an income following the accident’s recovery. Other factors could include a victim’s lost wages, property damage, consortium loss, medical costs, and more. An attorney will determine the true value of a case after analyzing all relevant factors.


Other factors may influence personal injury settlement negotiations. Skilled Personal Injury Lawyers in Macomb County, MI, recognize these factors and know how to maximize the positive factors that increase your chances of recovering full compensation for your losses while minimizing the negative factors that could harm your case.