If you were injured due to someone's negligence, you are likely going to go after the responsible party for the damages that they caused. However, many injury cases are settled through negotiations rather than in the courtroom. This is because you don't work with the actual person that caused the damages. Instead, their insurance provider is going to be paying the bill for the damages. The goal of the insurance company is to pay out as little as possible for your injury, which is why you may get a settlement offer that's lower than expected. Here are some tips for if this happens to you.
Know You Can Always Respond With A Lawsuit
Nobody wants to go to court if they do not have to, because the process is expensive and lengthy for all parties involved. That is why the threat of a lawsuit can sometimes move negotiations forward. If the responsible party knows that you feel their offer is low and you're ready to go to court, they may respond in a different way to your counteroffer.
Sometimes your lawyer will recommend not to tell the responsible party that a lawsuit is coming. Instead, you just file the necessary paperwork and slap them with a lawsuit unexpectedly. Having the paperwork already in motion can help negotiations to take a turn in your favor, and the lawsuit doesn't have to move forward to a trial if you decide to settle for an amount you're happy with.
Know You Must Follow The Deadlines For A Potential Lawsuit
One problem that you may have run into during negotiations is that the responsible person's insurance provider was slowing down the process. They may have taken their time to get back to you, with the intention to drag out negotiations and wear you down in that way. Know that this is not possible once you start the process of filing a lawsuit.
A lawsuit has deadlines that need to be met to move the case forward, and the insurance provider knows this. If they decide to drag their feet in negotiations once the paperwork has been filed, it can very well lead to a trial because they are not doing their job. Having this threat loom over the insurance provider's head can help negotiations be in your favor because you ultimately have control over moving the lawsuit forward due to their inaction.
For more information, contact an auto accident attorney.