
The most direct way to reach a settlement is simply to negotiate with the insurance adjuster, or the defendant and the defendant’s lawyer. Doing this requires substantial knowledge in two areas: The prospects of your case if you go to trial, and the value of your claim. This is where having a lawyer can benefit you greatly. Experienced personal injury lawyers have handled hundreds or even thousands of cases like yours, so they understand how your case is likely to come out at trial. They should also be familiar with the courts and juries in your area. For the same reasons, they understand how to calculate the full value of your claim. And of course, a lawyer is an experienced negotiator. This levels the playing field against the insurance adjuster or defense lawyer, who will work to minimize your payments to save money for the insurance company.
Once you retain a law firm, it will handle all contact and negotiations with the insurance company and the defendant. Legally, they can no longer contact you directly, so the law firm will take care of it for you. Under most circumstances, you do not need to be present for direct settlement negotiations, although your lawyer will keep you informed throughout. Using the information you provided about your case and the information obtained during discovery, your lawyer will build the strongest possible case for settlement and present it to the other side. If they make an offer, your lawyer will present it to you for a decision, along with his advice. The decision to settle is totally yours.
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