Last Updated: December 8th, 2023

How Negotiating Skills of a Personal Injury Attorney Can Increase Your Settlement

How Negotiating Skills Of A Personal Injury Attorney Can Increase Your Settlement

For all the facts and the evidence of the situation do for you, the truth of the matter is, if one side’s attorney is just that much savvier and better at negotiating, all of that might go out of the window.

Sometimes, one of the best tools at your disposal is how convincing your injury lawyer can be. This article will explain just how good a quality negotiator can do for your case and hopefully help you get the best care possible.

The value of negotiating skills in making a solid personal injury case

The truth is that there are attorneys who can say that they have won a point, or at the very least reduced their client’s loss, based exclusively on their ability to convince others.

An excellent way to describe it would be to think of it as a game of poker. No matter how bad a hand might be, your opponents have no idea what you might have. And do you know the best way to give them pause, to make them think you are about to win everything? Sheer confidence.

A lawyer who can go into a case with an empty briefcase and convince their opponent of just how strong an issue they have, convince them of how dangerous it would be for them to take this to trial, how beneficial it would be for them to settle, is genuinely cunning, indeed.

A good negotiator is not just valuable for getting the settlement. However, they are also suitable for getting you a better settlement.

The opponent in this situation will try to pay you as little as possible in a settlement; if not, try to avoid paying anything at all, so whatever settlement they offer has a decent likelihood of not being worth your time in considering it.

One of the most common tactics a personal injury attorney may employ is asking for a settlement amount higher than what you want or expect.

The understanding is that you simply should not ask for what you want because if you do, the opponent will invariably want to compromise on that figure.

So instead of asking for what you want and getting less in a compromise, you ask for what you want and then some, and when all is said and done, you get what you wanted in the first place at a minimum.

An excellent personal injury attorney can also quite appeal to a jury’s emotions. This is less a matter of negotiation as much as a “chip” they may flash to make the opponent buckle under pressure.

For instance, imagine if a prospective trial in front of a jury involved a little old lady having been hit by someone who was driving under the influence.

No attorney will want to see that go to trial, not in a million years, not if they can help it, especially if their client has a record of charges for driving under the influence.

A good personal injury attorney will use this information effectively in the negotiations, and if your opponent has any sense, they will undoubtedly choose to settle.

Evidence is, of course, key in the negotiation process. Emotion and words do help a lot, but in most cases, having a solid case that would get the defendant laughed out of court if they tried to fight it can be incredibly damning to any defense that may be put forth.

There is a lot of evidence that one may have at their disposal, one of the more prominent examples being eyewitness testimony, police reports of the incident, and information on all involved drivers (as discussed above).

It may also be prudent to provide your records if they benefit you.

In negotiation, an excellent personal injury attorney may also suggest that they pursue the other driver’s cell phone records to demonstrate that the driver may have been using their cell phone at the time of the incident.

On the other hand, a lousy negotiator can sometimes make the case worse than it may already be. Quality negotiation tactics will invariably employ a deep understanding of what to say when, where it is appropriate, how to express it, and overall, why.

Such a lawyer must be able to parry any response the opponent may attempt to throw at you. If they cannot, it will only make said opponent more willing and able to strike against your case.

You need a good negotiator for your injury case. Lawyers will often try to get a settlement to avoid going to trial, though if your lawyer shows them weakness, they may think it safe to go to trial, worth the risk they may lose.