Your Well-Being Is Our Priority

What To Expect During A Car Accident Settlement Negotiation

On Behalf of Bennerotte & Associates, P.A.

Jun 29, 2024


Settlement negotiations are a critical phase in resolving a car accident claim without going to trial. You may have heard your car accident lawyer talk about a settlement for your case, which is fairly common for many uncomplicated claims.   Today, the legal team at Bennerotte & Associates, P.A., is helping you learn what to expect during this process. We hope to alleviate some of your uncertainties and learn more about what could happen, so you can make the best choices for your claim.

Initial Evaluation And Preparation

Before negotiations begin, your car accident lawyer conducts a thorough evaluation of your case. This includes gathering evidence such as medical records, police reports, witness statements, and any other documentation relevant to your claim. They will also assess the extent of your injuries and damages suffered in the accident.

Demand Package

Once your lawyer has a comprehensive understanding of your case, they prepare a demand package. This package outlines the details of the accident, your injuries, medical treatments, and the financial losses you have incurred. It also includes a specific monetary amount you are seeking as compensation for your damages.

Initial Offer

The negotiation process typically starts with the insurance company or the defendant’s legal team making an initial settlement offer in response to your demand package. This offer may be lower than what you requested and is often a starting point for the negotiation.

Counteroffers And Negotiations

After receiving the initial offer, your lawyer reviews it with you and discusses potential counteroffers. They then negotiate with the insurance company or the opposing party on your behalf. Negotiations may involve multiple rounds of offers and counteroffers until both parties reach a mutually acceptable settlement amount.

Your Legal Counsel’s Role

Throughout the negotiation process, your car accident lawyer plays a crucial role as your advocate and negotiator. They will leverage their experience and knowledge of personal injury law to argue for a fair settlement that adequately compensates you for your injuries and losses.

Factors Influencing Settlement

Several factors can influence the outcome of settlement negotiations, including the strength of your evidence, the severity of your injuries, the extent of your financial losses, and the insurance policy limits of the at-fault party. Your lawyer will use these factors strategically to maximize your settlement offer.

Reaching A Settlement

If both parties agree on a settlement amount that adequately compensates you for your damages, your lawyer will guide you through the process of accepting the settlement. This involves signing a release of liability, which prevents you from pursuing further legal action related to the accident.

Considerations For Trial

If negotiations fail to produce a satisfactory settlement, your lawyer may advise you to proceed to trial. However, most car accident cases are resolved through negotiation, as trials can be costly, time-consuming, and uncertain in their outcomes.

Although you may receive a settlement offer from the other driver’s insurance company, it’s likely much lower than a trained attorney could negotiate on your behalf. Working with a skilled Bloomington, MN car accident lawyer can give you the best chance of a successful resolution.