Q: What does a settlement negotiation phone call consist of

A: Thanks for this question. Personal injury settlement negotiations can take on any shape or scope and start at any phase of the representation. There is no one-size-fits-all.

Generally, these often begin in writing or by phone. Your lawyer advocates your position--outlining the facts (how the incident occurred, who's at fault, how the injury has affected you and your family, its financial impact, your harms and losses, etc.), as well as the applicable law, and ultimately what compensation (after discussing with you and getting your approval) would be fair to resolve the claim.

The other side (defense lawyer, insurance adjuster, etc.) highlights its own position and points out its strengths and your case's weaknesses.

Some of these phone calls may be comprehensive, or may be a series of back-and-forth discussions highlighting certain points. They do address compensation--money--and often the discussions after the first call are each side pitching their respective positions and what amount of money will resolve the claim.

A: One of the dangers you face when you start dealing with the insurance company in the absence of a lawyer is an early negotiation. The insurers will start the negotiation process soon after the accident and offer you an amount of money that is usually lower than what you normally deserve. You may be tempted to accept that offer because you might not even be aware of how severe your injuries are and how much the treatment will cost in the future. It's very important to hire a lawyer so that the insurance company doesn't take advantage of you.