During pre-settlement negotiations, 2 disputing parties are supposed to determine how much money the responsible party is willing to pay the claimant/victim, by way of compensation. That determination emerges from an exchange of various offers.
The claimant’s offer is presented as a demand.
In a demand letter, the personal injury lawyer in Kitchener for the claimant states who was at fault, and gives details on the sustained injury and the prescribed treatment. That same letter might also include facts on the required physical therapy.
The insurance adjuster responds to the letter by posing questions on things like the extent of the defendant’s insurance coverage and the possible existence of shared liability. Sometimes an adjuster combines a few concessions with his or her questions. After studying the adjuster’s response, a claimant might make other concessions. At the same time, the claimant’s concessions could become the basis for a smaller demand.
After learning about that lower demand, the adjuster makes a higher offer. The process of presenting an offer or counter offer gets repeated, until both parties have agreed on one final, offered figure.
What gets reflected in the results of the negotiations?
Those results reflect the level of preparation that was achieved by each of the 2 negotiators. Any proposal made during the negotiations should be based on verified facts. Claimants reduce their chances for winning, when their argument has been based on half-truths.
The same results also reflect the quality and quantity of the supporting documents. The most important documents are the claimant’s medical records. That is why a doctor or other medical professional should have a chance to examine those that were involved in a particular accident, and do so just as soon as possible.
Another noteworthy document is the claimant’s demand letter. A good demand letter helps to increase the chances that the claimant will receive a fair settlement. On the other hand, one that contains few facts lacks the ability to present the adjuster with a convincing argument.
The significance of the negotiator’s attitude
Someone that is negotiating with an insurance adjuster should be both patient and persistent. The absence of either quality in the negotiator’s attitude could threaten to end the process before both parties have chosen a settlement amount that is fair to the claimant.
Patient negotiators do not badger the other party, insisting on a quick answer to any given question, or to any offer. Patient negotiators understand that all adjusters handle several cases at one time. Hence, it takes them time to complete their investigations on each case, and to respond to each case’s claimant. Yet persistent negotiators do not let the negotiations stall. Instead, they contact the adjuster and ask for the date when certain information should be known.