When someone is hurt in an accident, the first step is often getting medical care. After that, the next big step is getting fair compensation.
This is where negotiation comes in. Negotiation is a conversation between your lawyer and the insurance company to reach a fair settlement. It’s one of the most important parts of a personal injury case.
In this article, we’ll explain what negotiation means, how it works in Ohio, and how a Mansfield personal injury lawyer can help you get the best possible outcome.
What Is Negotiation?
Negotiation is the process where both sides try to reach an agreement. In a personal injury case, this usually means that your lawyer and the insurance company talk about how much money you should receive for your injuries.
The goal of negotiation is to settle the case without going to court. Many personal injury cases are resolved during the negotiation phase.
Why Negotiation Is Important in Ohio Personal Injury Cases
In Ohio, many personal injury cases are settled before trial. Going to court can take months or even years, and trials can be expensive. Negotiation helps both sides avoid this long process.
Also, Ohio has a two-year statute of limitations for most personal injury claims. That means you typically have two years from the date of your injury to file a lawsuit. Your personal injury attorney can help you determine the exact deadline for your claim. Negotiating early can help settle your case before that deadline.
Negotiation can also:
- Keep your case private
- Allow more flexibility in the outcome
- Give you more control than a judge or jury might
In short, negotiation gives you a chance to resolve your case quickly and fairly.
Steps in the Personal Injury Negotiation Process in Ohio
Negotiation doesn’t usually start immediately after the accident. Here are several steps that typically lead up to negotiation:
Medical Treatment and Recovery
Before negotiation starts, you should get all the medical care you need. That way, your lawyer knows the full cost of your treatment and how the injury has affected your life.
Investigation and Evidence Gathering
Your lawyer will collect evidence like:
- Medical records
- Police reports
- Photos or videos
- Witness statements
These items may help prove the other party was at fault and how badly you were hurt.
Demand Letter
After you’ve recovered, your lawyer will send a demand letter to the insurance company. This letter describes what happened, your injuries, and how much money you’re asking for.
Insurance Company Response
The insurance company may:
- Accept the demand and agree to pay
- Reject the demand and offer less money (a lowball offer)
- Ask for more information
Your attorney can give you a sense of how fair a counteroffer is based on the strength of your specific case.
Back-and-Forth Negotiation
Your lawyer and the insurance adjuster will go back and forth. This part may take days or weeks. Your lawyer will fight to get you a fair deal.
Settlement Agreement
If both sides agree on a number, you’ll sign a settlement agreement. Once you sign, you can’t ask for more money later, so it’s essential to be sure the offer is fair.
These steps help move the case toward a fair and reasonable resolution.
What Can Be Negotiated?
In a personal injury case, several types of damages (money for your losses) can be negotiated, including economic damages and non-economic damages.
Economic damages typically include direct costs, such as:
- Medical bills
- Lost wages
- Future treatment costs
Non-economic damages compensate for indirect costs like:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Sometimes, future costs or permanent injuries also play a role in the negotiation. A skilled attorney will know how to explain these damages and fight for the full value of your case.
Tips for a Successful Negotiation
Negotiating with insurance companies isn’t easy.
Here are a few tips that can help:
- Be patient: Don’t rush to accept the first offer. Insurance companies often offer less than what you deserve at first.
- Let your lawyer lead: Your lawyer knows how to deal with insurance adjusters and what your case is really worth.
- Keep records: Save all receipts, bills, and notes related to your injury. These documents can help prove your losses.
- Understand your rights: In Ohio, you have the right to full and fair compensation. Don’t settle for less than you deserve.
Being informed and prepared makes the negotiation process smoother and more effective.
When Negotiation Doesn’t Work
Sometimes, the insurance company refuses to make a fair offer. If this happens, your lawyer might suggest filing a lawsuit.
This doesn’t mean you’re definitely going to trial—it just puts more pressure on the insurance company to settle. Even after a lawsuit is filed, many cases still settle before reaching a courtroom. Filing a lawsuit can be a powerful tool to push for better compensation.
Contact a Mansfield Personal Injury Attorney for a Free Consultation
Negotiation is one of the most important parts of a personal injury case. If you were injured in an accident in Ohio, you don’t have to go through this process alone. Contact us today for a consultation or call us at (419) 910-2605
A skilled personal injury attorney from Wiseheart Wright Trial Lawyers can help you negotiate with the insurance company and fight for the money you deserve. Getting the right settlement can help you pay your bills, support your family, and move forward with your life.