How Much Input Do I Have When My Lawyer is Negotiating My Settlement?
The road to recovery can be long and stressful if you’ve been injured because of someone else’s negligence. While you deal with pain, mounting medical bills, and a diminished ability to live your life comfortably, negotiating a fair settlement can feel overwhelming.
In this blog, we discuss how much input a client has when Oklahoma personal injury lawyers are called upon to negotiate a settlement. It’s important that the client feels empowered every step of the way during the lifecycle of a personal injury case.
Your Life. Your Injuries. Your Say.
Rest assured—clients ALWAYS have the final say with any settlement offer. Your Oklahoma personal injury lawyer cannot accept a deal without your explicit consent and should never pressure you to do anything against your will. Their role is to guide you through the process, advocatefor your best outcome, and explain the implications of each offer.
Why Lawyers Lead the Negotiation Charge
While you hold the final decision, lawyersare experienced negotiators with extensive knowledge of your case type. They also understand the tactics insurance companies use to minimize payouts. Here’s why letting your lawyer take the lead benefits you:
- Shields You from Being Duped: Insurance adjusters are trained to trick you and exploit your vulnerability. They might ask leading questions designed to downplay your injuries or get you to admit fault.
Every word you speak to them is under extreme scrutiny and will be weaponized by adjusters to deny you fair compensation. Your lawyer protects you from unknowingly undermining your claim.
- Knows What’s Fair: Experienced lawyers have a history of handling similar cases. They can assess the true value of your claim, considering past verdicts and settlements in your area, medical expenses (present and future medical needs), pain and suffering, and lost wages— including the loss of future earning potential.
- Access to Expert Witnesses: To fully assess the impact of your injury, your lawyer might call upon medical or financial experts. These professionals provide crucial evidence on everything from long-term costs associated with your injuries to physical therapy and the purchase of assistive devices and home modifications.
They can assess the impact your injuries have had and will continue to have on your ability to earn a living. Pain and suffering damages are another crucial aspect of a personal injury claim, and experts like psychologists can help quantify the emotional and mental toll your injuries have taken.
Open Communication is Key
Negotiations can be complex. If you have concerns, don’t hesitate to talk to your lawyer. There are NO stupid questions, and the right lawyer will never make you feel uncomfortable for voicing your concerns.
Here are some examples of talking points to help you get the conversation started:
- “I don’t understand the reasoning behind the current offer. Can you explain it in more detail?”
- “What are the strengths and weaknesses of my case? How does that impact my potential settlement?”
- “What are the chances of getting a higher settlement if we go to court? What are the potential downsides of going to court?”
- “Are there other options to consider besides a lump sum payment? For example, could a structured settlement be a better option for me?”
Remember, a strong lawyer-client relationship is built on trust and open communication. Your lawyer should answer your questions and address any concerns you have throughout the negotiation process.
Understanding the Negotiation Process
Negotiation typically involves several back-and-forth exchanges between your lawyer and the insurance company’s representative. Your lawyer will start by submitting a demand letter outlining the details of your claim and the compensation you and your lawyer believe is fair.
The insurance company will likely respond with a lower counteroffer. From there, negotiations continue until a mutually agreeable settlement is reached— or an impasse is reached.
No Fair Settlement? Going to Court Is an Option.
Your case may go to court if negotiations fail to produce a fair settlement. Here, a judge or jury will decide the compensation you receive. While this approach can result in a higher award, it’s unpredictable and often takes longer to resolve.
Throughout the negotiation process, your lawyer will discuss the pros and cons of taking your case to court and help you decide what course of action is best for you. Whether you go to court or not is up to you. You are in charge at every stage of the process.
Take Charge by Contacting Our Experienced Oklahoma Personal Injury Firm Today
Negotiating a settlement is a crucial step in your recovery journey. Partnering with an experienced Oklahoma personal injury lawyer from Parrish Devaughn ensures you have a strong advocate. Schedule a free consultation today to begin the conversation about your legal options.
