After an accident, you and your personal injury lawyer may enter into negotiations with the insurance company representing the party responsible for your injuries. Negotiating an injury settlement is a high-stakes process, but it’s also less costly and time-consuming than going to court in British Columbia. Here’s what to expect.
Understanding the Injury Settlement Process in British Columbia
Most injury claim settlements begin with a demand letter that outlines your injuries, losses, and the compensation you seek. The insurer will review your medical records and other accident-related evidence before responding. Often, injury settlement negotiations involve several rounds of offers and counteroffers before the parties reach an agreement.
Common Tactics Insurance Companies Use During Negotiations
Insurance companies approach settlement negotiations with the goal of minimizing payouts. They train their adjusters to assess risk and employ strategies to reduce their financial exposure.
Common tactics include:
- Offering a quick settlement before you know the full extent of your injuries
- Requesting broad access to your medical records to look for pre-existing conditions
- Disputing the severity of your injuries or suggesting they’re unrelated to the accident
- Downplaying your future care needs or ongoing loss of earning capacity
- Delaying responses to put financial pressure on you to accept a lower offer
What You Can Expect During the Negotiation Process
Settlement negotiations may unfold over a period of weeks or months as the insurer reviews your medical reports, lost wages calculations, and future care assessments. Your personal injury lawyer will present supporting documentation and respond to the insurer’s position, as well as advise you on the fairness of any settlement offers. If negotiations stall, you may opt to pursue mediation before proceeding to trial.
Mistakes to Avoid When Negotiating an Injury Settlement
Being aware of certain missteps that can reduce the value of your claim or weaken your negotiating position can help you make informed decisions throughout the claims process.
Some errors to avoid include:
- Accepting an early offer before understanding the long-term impact of your injuries
- Providing recorded statements without legal counsel
- Posting details about your accident or recovery on social media
- Failing to follow medical advice or attend recommended treatment appointments
How a BC Personal Injury Lawyer Can Help During Settlement Negotiations
When you’re pursuing a personal injury claim against another party, having an experienced personal injury lawyer on your side can shield you from tactics designed to jeopardize or minimize your claim.
At Warnett Hallen LLP, we will prepare a persuasive claim on your behalf and take the lead on all elements of the negotiation process to safeguard your rights.
Contact Warnett Hallen LLP for a free consultation with a member of our skilled legal team.
