“Negotiation” in Personal Injury Law

Before significant money and time are spent to complete all the steps necessary to get a case to a jury trial; it is common for the parties to keep lines of communication open about what they believe a jury would award if all those steps were seen through to a jury verdict. These discussions typically start where the injured person is asking for too much and/or the insurance company is offering nothing or far too little. The advancement of these positions toward a resolution or compromise, typically with counter-offers, would be negotiating. While it seems unnecessary, if either side revealed what they were willing to accept or pay immediately, that would expose them to the other side undercutting that amount. At a certain point, it might be that either side is no longer willing to ‘negotiate’ further. That is when the parties are forced to either accept what has been offered, or move the case forward with alternatives like mediation to advance the negotiation, or realize through litigation (toward a jury trial) is the only option forward. It might be negotiations stall/stop at points, but that does not mean negotiations cannot still resume and advance furtheras more evidence is compiled and the jury trial draws nearer.

Other common personal injury law terms:

“Claim”

“Demand Letter”

“Mediation”

What is “Arbitration”

Complaint / Petition & Answer

McDuffey & Medcalf, LLC Missouri Injury Lawyers

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For More information on Personal Injury Law:

How do I know if I have a personal injury case?

What should I do if I am in a car accident?

What is Personal Injury Law?

Checklist for Missouri Personal Injuries

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.