Tips To Keep A Settlement Process From Reaching A Stalemate

  • July 19, 2021

Two disputing parties might not agree to move forward with the settlement process. That could lead to initiation of a lawsuit. Consequently, it helps to understand how a claimant and adjuster could keep that particular process from reaching a stalemate.

Possible reasons for a stalemate

The defendant has insisted on making an unreasonable offer, usually one that is much too low.

The plaintiff has insisted on making an unreasonable demand, normally one that is much too high.

The plaintiff has expressed a desire to come face to face with the defendant, an event that would need to take place in a courtroom (at least in the plaintiff’s mind).

Why the length of the negotiations could prove quite important?

If negotiations were to go on for a very long time, the deadline given in the statute of limitations might threaten to arrive before the 2 parties had settled their dispute. If that were to happen, the plaintiff might have lost the ability to proceed with any further legal action. That fact underscores the reason that smart plaintiffs file a lawsuit well before a given state’s indicated deadline.

The filing of a lawsuit does not force an end to any ongoing negotiations. It simply provides the claimant/plaintiff with an option, if the 2 parties fail to settle their dispute by engaging in an exchange of offers and demands.

How claimants and plaintiffs can take steps to avoid a stalemate?

Both the claimants and plaintiffs should realize how many elements of negligence on the part of the defendant must be proven, if the opposing party hopes to win a personal injury claim.

Both claimants and plaintiffs ought to realize the extent to which both the nature and severity of a claimed injury affects the size of any compensation to which an insurance company might agree. In other words, someone that has suffered just a minor injury should not expect to get a large compensation package for the defendant’s insurance company.

Both claimants and plaintiffs should stand ready to accept an offer that is at the maximum end of the limits, as stated in the defendant’s insurance policy. That might seem unfair, but that is the nature of the settlement process. The defendant’s policy dictates the maximum amount of money that the insurance company’s adjuster can offer to the opposite party.

Any claimant or plaintiff that has hired an injury lawyer in Normal should work closely with that same attorney. That means helping that same lawyer to gather as much useful evidence as possible. For instance, a journal that gave the frequency with which the lawyer’s client had suffered pain, and also gave the length of each painful sensation, should prove quite useful.