California’s personal injury laws give injured parties a legal process to seek compensation for damages from the parties who caused their injuries. However, the injured person must prove the legal elements of their personal injury case to hold a party legally liable for their injuries and losses. The at-fault party may dispute fault and liability, resulting in a personal injury lawsuit.
Many personal injury claims are resolved through settlement negotiations between the parties. A claim may be settled before or after the victim files a lawsuit. Generally, the liability insurance company for the at-fault party handles claim negotiations. If the victim files a lawsuit, the insurance company will likely hire an attorney to defend the lawsuit.
Steps in the Negotiation Process for a California Personal Injury Case
Every case is unique. The steps involved in the case depend on the factors involved. Negotiation is used in all types of personal injury cases, including but not limited to:
- Car accidents
- Truck accidents
- Wrongful death claims
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Bicycle accidents
- Child accidents
- Dog bites
Steps involved in the negotiation process for many injury claims include:
Investigation of Claim
After an accident or injury, the victim files a claim with the other party’s insurance provider. The insurance company will assign an adjuster to investigate the claim. The adjuster determines if the insured is at fault, thereby creating liability for damages.
Victims benefit from hiring a California personal injury lawyer as soon as possible after an accident. An attorney has the resources to gather evidence proving fault and liability. Because the victim has the burden of proof in a personal injury case, building a case based on strong evidence is crucial to receiving a fair settlement.
Medical Treatment
Victims should seek prompt medical treatment after an injury or accident. They must prove the incident caused their injuries. Medical records are key to proving the claim. Delays in seeking medical care could hurt the case.
Reservation of Rights Letter
The insurance company will send a letter to the victim acknowledging the claim and informing the victim of the company’s investigation of their claim. The company reserves the right to deny the claim if it discovers evidence proving the insured was not negligent and did not cause the accident or if the insurance policy does not cover the accident.
Documenting Damages
Your attorney will document your damages to determine how much your personal injury claim is worth. Damages include financial losses (economic damages) such as:
- Medical bills and expenses
- Nursing and/or personal care
- Lost wages and benefits
- Out-of-pocket expenses
- Reduced earning capacity
- Rehabilitative care and therapy
Damages in a personal injury case also include a victim’s non-economic damages. Examples include:
- Impairments and disabilities
- Diminished quality of life
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of enjoyment of life
- Emotional distress
The value of damages depends on the factors of your case. For instance, severe and catastrophic injuries generally increase the value of damages.
On the other hand, comparative fault reduces the value of your case. If you are partially to blame for causing your injuries, the court can reduce your damages according to your percentage of fault.
Experienced personal injury lawyers understand how to value damages correctly. They will use the strength of your claim during negotiations to argue for maximum compensation.
Initial Conversation With Insurance Company
Your claim’s attorney and insurance adjuster may meet to discuss your case or participate in a telephone conference. The insurance adjuster aims to protect the insurance company’s interest by paying as little as possible to resolve the claim. Therefore, negotiations may begin with a very low offer by the insurance company.
Because your lawyer knows the value of your case, they will counteroffer with a higher amount. In some situations, several telephone calls might resolve the case. If not, your attorney will prepare a formal demand letter.
Settlement Demand Letters
Negotiations in a personal injury case may begin or continue with a demand letter. A demand letter includes:
- Summary of how the accident or injury occurred
- A legal analysis of the law that creates liability for the at-fault party
- Discussion of your injuries
- Explanation of your damages and their value
- Formal demand for an amount to settle the claim
Settlement demand letters are helpful in negotiations because the attorney uses the letter to explain the severity of your injuries and how the accident has significantly impacted your life and finances.
Ongoing Settlement Negotiations
Your lawyer and the insurance company may continue settlement negotiations. In some cases, the parties may agree to mediation. A mediator can help facilitate discussions between the parties to resolve disputes and agree to a settlement amount.
However, if the parties cannot agree to a settlement, the injured party will proceed with a lawsuit to allow a jury to decide the matter after the trial.
If you want help handling negotiations in your personal injury claim, reach out to a personal injury attorney from Pines Salomon Injury Lawyers, LLP at (858) 551-2090 to schedule a free consultation.
