Part of negotiating a personal injury lawsuit is continuing to counteroffer until each side can reach an agreement. If not, the case ends up going to trial where a judge will make the final decision about your total compensation. Here is what you need to know about responding to offers during negotiations.
Ask The Insurance Adjuster To Justify Their Counteroffer
You are going to make an initial demand for how much you are asking for in your personal injury lawsuit. The insurance adjuster will likely reject your offer and make a counteroffer of their own. When you receive that first counteroffer, ask the insurance adjuster to justify their counteroffer. You will want to know how they are getting to the number that they offered back to you since there are several factors that make up an offer.
For example, did they feel like your pain and suffering damages were too high, while the medical bills were in line with what you asked for? This can help you narrow in on what you ask for during the next round of negotiation.
Plan A Rebuttal For Each Reason
Now that you know the reasons for the insurance adjuster's counteroffer, you can take your time to come up with a rebuttal for each reason listed. If they claimed that you took too much time off of work to heal from your injury, you'll want to gather the proof that demonstrates that all the time off was necessary. If they claim that your estimate for future medical bills is too high, you can get statements from your doctors to verify that the additional medical bills are accurate.
Negotiate Down From Your Original Demand
The initial demand that you make to the insurance adjuster is the highest that you are willing to settle your case for. When you counteroffer with a demand of your own, it is always worth going back to your original demand letter and making adjustments from there. It is the best way to ensure that you fully understand what is changing in the offer that is being made, which may not be the case if you make an offer based on the counteroffer you just received.
In addition, you want to slightly lower your demand. Use small increments to come down from your original offer. As long as you keep negotiating lower, the insurance adjuster must respond and keep negotiating. When you reach a standstill and you refuse to lower your offer, that's when it will likely lead to taking your case to court.
For more information, contact an accident lawyer such as Todd East Attorney at Law.
