Individuals who have been injured by the negligence of another have a right to attempt to seek compensation for the damages they have suffered. These losses can be significant. Victims can be physical disabled and/or disfigured, emotionally devastated and financially crippled. Proving the elements of a negligence case at trial can lead to a full recovery of damages, but this is no easy feat, and nothing is guaranteed in a court of law. This is why most plaintiffs usually have a serious discussion about settling a case.
Settlement negotiations occur well before trial so that the parties can see if a matter can be resolved without the time, effort and expense involved with litigation. Before engaging in these conversations, a victim needs to fully understand the strength of the case. This means that a careful analysis of the evidence must be undertaken, as well as defense options that are available to the other side. Essentially, a cost-benefit analysis must be conducted. A person must consider the likelihood of success at trial against the settlement offer
This can be a difficult thing to consider, especially if a victim feels like the defense is low-balling their offer. This is when it is helpful to know how to negotiate skillfully. In part, this means laying out the strength of the case without giving everything away. This may pressure the other side into giving enough for a victim to feel comfortable accepting an offer.
Fortunately, victims of personal injury cases don’t need to enter into these negotiations on their own. Instead, they can obtain help from skilled attorneys who stand ready to attempt to help them negotiate a fair and favorable resolution.