What Is the Process of Negotiating a Personal Injury Settlement?

Negotiating a personal injury settlement can be time-consuming, complex and emotionally taxing, especially for those recovering from an injury. The journey towards a fair settlement involves many steps, and understanding these can empower individuals to make informed decisions. From sending a demand letter to negotiating a just settlement, a skilled personal injury lawyer can help you defend your interests throughout every stage of the legal process.

At Knutson + Casey, our attorneys are dedicated to helping personal injury victims in Minnesota secure the maximum compensation available for their injuries and other damages. We understand the challenges you face and will work tirelessly to handle every aspect of your claim on your behalf. We can investigate your case immediately, taking the stress off your shoulders so you can focus on your healing and recovery. 

Steps for Negotiating a Personal Injury Settlement in Minnesota

The personal injury settlement process is often long and complex. However, patience is a virtue, especially in injury claims to insurance companies.  It is often worth it to be fairly compensated for your physical, emotional, and financial losses. The settlement process typically includes the following steps:

Seeking Medical Attention

Getting treatment for your injuries is critical to your health and the success of your personal injury claim. Your doctor can evaluate your injuries and advise you on what treatments may be required. And, the insurance companies will want your medical records as proof of your injuries, much like they use body shop estimates to show car damage. It is important to have a full picture of your injuries from medical doctors before you settle your case. A complete picture of your injuries and their financial and physical impacts can help your attorney fight for fair compensation. 

Retaining a Skilled Attorney

A talented personal injury attorney will investigate your case, collect police records and photos, collect medical records and bills, send out an investigator, read the black boxes in the vehicles, and make sure the medical bills get paid, and in the right order.  An attorney will advocate for your rights and interests throughout every stage of the legal process. At Knutson + Casey, our attorneys are skilled negotiators with a proven track record of helping clients maximize their settlements and avoid litigation.

Sending a Demand Letter

After investigating your case and determining the total value of your losses, and waiting for you to understand the full nature of your injuries, your attorney will draft and send a demand letter to the negligent party’s insurance company. This letter will detail the requested amount in compensation as well as the reasoning behind it. Experienced personal injury attorneys are aware of the policy limits involved and will often use this knowledge to their advantage. 

Negotiating a Fair Settlement

While the negotiation process typically varies from case to case, many have several similarities. During the initial call, your attorney and the insurance adjuster will discuss the strengths and weaknesses of the case and the proposed settlement amount. However, insurance companies typically attempt to pay personal injury victims as little as possible for their injuries and other losses. Their initial offer will likely be lower than the amount in the demand letter. Your attorney can then counter with a higher amount. These negotiations can go back and forth until an agreeable settlement is reached. 

Although most cases are settled out of court, your case may proceed to trial if the insurance company refuses to agree to a settlement compensating you for the full extent of your injuries and other losses. Our attorneys are prepared to take your case to trial to safeguard your rights and the total value of your claim. 

Partner With a Trusted Personal Injury Attorney at Knutson + Casey

At Knutson + Casey, we have over three decades of experience helping personal injury victims in Minnesota recover the compensation they need to move forward after their accidents. Our attorneys are dedicated to taking a compassionate and innovative approach to every case and will work with you to ensure your needs are met throughout every step of the legal process. 

To schedule a free consultation with a team member, call us today at (507) 344-8888 or complete our contact form.