727-381-9200

How Do Negotiations Work In A Personal Injury Case?

The negotiations process is one of the most important parts of any personal injury case. Most personal injury cases settle in negotiations, and it’s the ones that cannot be negotiated that wind up going to trial. For those who are involved in a first personal injury situation, getting to know the negotiations process can clear up a lot of confusion.

What Are Negotiations?


The negotiations process is not dissimilar from haggling at a flea market. The injured person in St. Petersburg has a number amount that they believe their case is worth, the insurance provider or negligent party has a certain amount they’re willing to pay. Both parties are forced to prove their case in order to meet in the middle or agree to a mutually reasonable amount. If a mutual agreement cannot be reached, the case will then be brought before the court to decide.

While haggling at a flea market is a casual experience, that’s not quite the case in a personal injury case. There is a process and protocols to be followed, and the steps include:

• Provide a written demand letter – Your initial written demand letter will outline what your injuries were, why the party is legally responsible for paying for your damages, the cost of any medical treatment, how much income was lost, any other damages suffered, and why the party being presented the demand letter is responsible. At the end of the letter there should be a lump sum of all your damages.

• An insurance adjuster or negligent party responds – After receiving your letter, it’s then the insurance adjuster or negligent party’s turn to respond. If they find anything wrong with your claim, they may argue these points. For instance, they may suggest that your medical costs aren’t as high as you claim them to be or they could argue that you were partially at fault for your injuries. They may make a low counteroffer in the hopes that you’re simply eager to settle.

• You respond – After receiving these arguments, it’s then the injured person’s turn to respond. You may agree with some of their arguments and bring the cost of your demand lower to meet their points.

This process can go back and forth quite a bit until an amount is agreed upon. An injured person can accept an offer, or they can make a counter-demand until they reach a settlement amount that they are comfortable with. In most cases, the two parties are able to find an amount both find reasonable, and a settlement will be reached.

Where Your Personal Injury Lawyer Comes In


A personal injury lawyer in St. Petersburg is the most valuable piece in this puzzle for any injured person. Not only are they experienced in the negotiations process, but they can help to collect, organize, and present evidence in a way that leads to few arguments. If a settlement cannot be reached, they’ll also be able to represent you if your case goes to trial.

If you’ve been injured in any type of accident in the St. Petersburg area, we can help. Contact us at TheStPeteLawyer.com today..