Negotiation is a critical skill when pursuing a personal injury claim. Whether you’re negotiating with an insurance company or an opposing attorney, understanding the process and strategy behind personal injury negotiations can significantly affect the outcome of your case. In Missouri, personal injury cases are often settled through negotiation before they reach trial, making it essential for both claimants and their attorneys to approach the process strategically.
The Importance of Negotiation in Personal Injury Cases
When you’re injured in an accident, such as a car accident, dealing with the aftermath is not only physically and emotionally taxing, but it can take a financial toll. Medical bills, lost wages, and ongoing treatment costs can quickly pile up.
In Missouri, many personal injury cases are resolved through negotiation with the liable party’s insurance company or legal team. Negotiation allows both parties to agree on a fair settlement without the need for a lengthy and expensive trial.
What Are the Key Steps in the Negotiation Process?
The process of negotiating a personal injury settlement in Missouri typically follows a series of well-defined steps. These steps include:
Gathering Evidence
Before entering into any negotiation, gathering evidence is crucial to establishing the validity of your claim. This includes medical records, police reports, witness statements, photographs of the accident scene, and any other documents that support your case. In Missouri, as in other states, proving that the defendant’s negligence caused your injuries is important. The more evidence you have, the stronger your position will be during negotiations.
Missouri law allows injured parties to seek compensation for their injuries, including pain and suffering, medical bills, and lost wages. Without sufficient evidence to back up these claims, it can be challenging to reach a fair settlement.
Estimating Damages
Once the evidence has been collected, it’s time to estimate the total damages. This includes both economic and non-economic damages. Economic damages are the quantifiable costs, such as medical expenses, lost wages, and property damage. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more subjective but still significant.
In Missouri, non-economic damages are often limited in personal injury cases involving medical malpractice or certain wrongful death claims. However, for general personal injury cases, there are no caps on the amount of pain and suffering damages that can be awarded.
Presenting Your Case
When you’re ready to begin negotiations, your attorney will present the evidence of your case, including the estimated damages, to the responsible party or their insurer. Your lawyer will outline the strength of your case, demonstrate how the defendant’s negligence caused your injuries, and clearly explain the legal justification for your claims.
It’s crucial during this stage to remain calm and objective. You don’t want to oversell your damages or settle for less than what you deserve. Your attorney will play a significant role in guiding you through this process, ensuring that your interests are protected.
Negotiating a Settlement
Negotiation involves discussions between you, your attorney, and the other party (or their insurance company). The defendant’s insurer may initially offer a low settlement amount to avoid litigation costs and time. This is often referred to as a “low-ball offer.”
Your attorney will evaluate the offer, assess the strength of your case, and decide whether to accept the offer or counter. This process can take time, and it’s not uncommon for there to be several rounds of negotiation before a final agreement is reached.
Reaching an Agreement or Going to Trial
Once a fair settlement is reached, both parties will sign a settlement agreement. The case is resolved at this point, and the insurance company will release the settlement funds.
However, if an agreement cannot be reached through negotiation, the case may go to trial. Trials can be lengthy and expensive.
As a result, many cases settle before reaching the courtroom. That’s why negotiation remains one of the most valuable tools for resolving personal injury claims.
How Missouri Law Impacts Personal Injury Negotiations
Missouri law plays a significant role in how personal injury claims are negotiated. One important aspect is the state’s comparative fault rule. Missouri follows a pure comparative fault system, which means that if you are partially at fault for the accident, your damages may be reduced by your percentage of fault. For instance, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.
This comparative fault rule can impact negotiations significantly. The defendant or insurance company may attempt to argue that you are partially to blame for the accident, which could reduce your settlement offer. In these situations, it’s essential to have a lawyer who can challenge these claims and advocate for your right to fair compensation.
Contact Our St. Louis Personal Injury Lawyers for a Free Consultation
Negotiating a personal injury settlement in Missouri is vital to securing fair compensation for your injuries. Understanding how the process works and how Missouri laws affect your case will help you approach negotiations with confidence.
You can maximize your chances of achieving a favorable settlement by gathering evidence, estimating damages, and relying on a skilled St. Louis personal injury attorney. Call Eason Car Accident and Personal Injury Lawyers to schedule a free consultation at (314) 932-1066.