Key Aspects of Negotiation Process

  • August 24, 2021

Not every aspect of the negotiation process involves bargaining. Consequently, claimants that are not skilled at bargaining should focus on one of the other elements of the negotiation process.

Demand letter

This gives the claimant a chance to gain passive control of the operation. A well-constructed demand letter should help to open the door to negotiations. Moreover, claimants that so desire might elect to attach a picture of their injury or their damaged vehicle to that particular piece of correspondence.

Goals of those taking part in the negotiations

The insurance adjuster wants to settle at a figure that would allow for delivery of a low payout. Yet the same adjuster does not want to get in the way of a settlement, and thus push the other side to consider filing a lawsuit, with the help of a personal injury lawyer in Crystal Lake.

The claimant should stand prepared to take part in a give and take process. Claimants hope that the 2 disputing parties can settle on a fair figure. In order to reach his or her goals, the submitter of the claim (claimant) should work on being both patient and persistent. A show of impatience could annoy the adjuster. On the other hand, no negotiator/claimant should allow the other side to think that he or she could be treated like a doormat.

How to define success?

Neither party could claim success if the process failed to move forward. That is why some adjusters employ the tactic known as stalling. As long as the 2 sides have agreed to keep talking, success remains possible. In addition, each side must be willing to compromise at times. A refusal to compromise could stall the negotiations.

Advantages given to claimant

It can improve quality of evidence by providing doctors and emergency personnel with the details of any significant symptom. Claimants know a great deal more about the accident that caused their injuries than the adjuster. That puts them at a distinct advantage.

A claimant’s pain could be explained in detail in a journal. That would provide a personal injury attorney with an added piece of evidence. Claimants’ emotions could influence the outcome during the settlement. That contrasts with the situation in court, where emotions are not supposed to be considered.

If a lawyer’s client had a pre-existing condition, then he or she should make sure that the adjuster did not feed the attorney some false information about that same condition.

Know when to settle

Do not settle until all of those that were involved in the accident have reached the point of maximum medical improvement. Whenever possible, strive to have the deadline for filing a personal injury lawsuit extended, so that the victims have more time in which to recover.