When it comes to the overwhelming majority of personal injury cases they are settled outside of the courtroom. There are a number of reasons why this is the best outcome for all involved, in the main that it is cheaper and a much easier and quicker resolution for lawyers and clients. Prior to any settlement being reached however, there is a negotiation stage which both teams of lawyers will go through. Whilst the very best in the business like Judd Shaw Injury Law can often get these negotiations done swiftly, there is no doubt that the process of negotiating is very tough.
This is one of the biggest challenges for personal injury lawyers and here is exactly why it is so difficult for them.
Poles Apart
The main reason for the challenge in these negotiations is that both parties are often very far away when it comes to the price that they are putting on the case. There are some cases in which both teams are much closer together, usually in standard cases such as slip and fall claims which we often see. In a lot of cases however the value which each lead team has placed on the claim are far apart and they have to negotiate hard in order to bring it somewhat closer together.
Unwillingness to Pay
Another reason why these negotiations are often so tough is that the insurance company of the liable party is so often unwilling to pay out a great deal, and will look to minimize how much they have to pay on the whole. There will be some cases in which it is overwhelmingly clear that their client was liable, and as such they will often be more likely to pay out for something like this. If however there is any shred of doubt which they can find, this can then be used as leverage in the game of cat and mouse that they play with the other law firm
Threat of Court
These negotiations are very much like a cold war, with each side not having a clear idea as to what the other has by way of depth of evidence. There are suggestions of course but it is up to the lawyers to see through it. Ultimately neither side really wants to go to court if they can possibly avoid it, and both sides know this. With this being said however there is always the threat of doing so, which is what makes the negotiations so challenging.
Might of Insurance Companies
One of the reasons why you would be better off using a great law firm with a great reputation is that they cannot be bullied by the insurance company lawyers. Those who represent insurance companies have plenty of finances behind them and they are very used to squeezing every dollar out of a settlement amount.
Picking great lawyers is the best thing that you can do if you want to get the best settlement agreement which is available to you.