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How long can negotiation process take for a personal injury case

Louisville, KY |

I was just curious on how many offers does an insurance company offer for a personal injury case before the lawyer/client and adjuster come to an agreement on what's considered a reasonable amount

I do have an attorney but there offer was for $4,600 and that's not even including my lawyers cut lost wages and medical bills it looks as if i'm not going to come out with anything. I was involved in two automobile accidents almost a month apart I had to take a UIM claim on the first accident and the other guy who rear ended did have insurance. This whole process has been hell for me both of my vehicles were a total loss i've lost my job and my livelihood due to negligence of others and I'm the one suffering for it and all i keep hearing is because I didnt break any bones I'm not hurt and with a soft tissue case it may not be a huge settlement BULLSHIT!!!!! i'm not asking for a million dollars I want enough to take care of my medical bills and buy a decent car is that to much to ask

Attorney Answers 7

  1. Negotiation does not come with time limits or a fixed limitation upon the number of offers. It is over when the client, in consultation with their attorney, receives an offer that they believe is fair. Sometimes it can take longer than one would like. Remember, there is no law that negotiations must lead to settlement. It is why there are courthouses and constitutional guarantees for redress of civil wrongs.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  2. How many offers will a insurance company may be for providing its highest offer on a personal injury case? People who suffer personal injuries as result of the negligence of others must still fight the battle with insurance companies and others in order to get fair compensation for their injuries. Often times, and insurance adjuster is assigned to a file to handle the negotiations of a personal injury matter. When there is an attorney involved, there is often a negotiation between the injury victim's attorney and the insurance company attorney. Often times, as a personal injury attorney I am asked how many offers will be made before the last or highest settlement offer will be made. There is no absolute answer to this question. While typically the insurance company will make several offers before getting to its highest figure, there is no rule or requirement that the insurance company make more than one offer on a file. In fact, their is no requirement that insurance company make any offer at all. Each claim or case should be evaluated on its own facts and circumstances. The insurance company does have a duty and responsibility to act in good faith. While this may seem to be a simple concept, there are a number of court cases that have been litigated as to the interpretation of good faith. Furthermore the term good faith may have different meanings depending on controlling State law for that particular insurance policy and the location of the case / accident. Because of the complexities of negotiations and insurance laws, it is advisable that a person obtained legal representation on personal injury matters.

  3. There is no time limit. The matter may be litigated and appealed. Usually, the parties are in contact trying to find a way to amicably conclude the matter.

    Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103

  4. If it was up to insurance company, you would take the first offer that they propose and it would be a very short process. These insurance companies are betting on the fact that the average person is willing to snap up the first offer, rather than take the time to wait and to negotiate a better settlement. Every case is different, so there is no “average” amount of offers that it takes to come to an agreement. However, there are a few certainties in the process. The insurance adjuster will try to settle early before the victim obtains counsel or realizes the full extent of their injuries, as well as try to offer an amount as low as possible while making it sound like the deal of the century. This is why it is important to be represented by a personal injury attorney during this process. An experienced personal injury attorney can devote their time to the negotiations process and get the best deal possible. As with many things in life, there is no crystal ball to foretell the future. However, having an experienced attorney on your side will make the negotiations process less daunting and, most likely, more lucrative.

  5. 3. Actually, that's totally made up. Depending on the size of the award, the insurance company may only make 1 offer and "take it or leave it" knowing that there is not much in the way of injury or liability.

    Often times on larger cases there a numerous offers, more offers if the case is filed and may be 10-100 offers if the case is mediated, arbitrated or litigated. Mediation is generally the quickest way to get the offers back and forth as both parties come to the mediation table with ideas on resolution of the case.

    Offers and negotiation are often based on feelings. The more experience will generally give the attorney a better idea when the insurance company is at or near their top/final offer. U

    Unfortunately, the insurance company generally has an advantage in that the longer the negotiations take, the more money they save by investing your settlement money. They also understand that many people will settle a case simply because they need the money. Insurance companies also factor into the negotiation that there is a cost of litigation to the Plaintiff. Of course, they have costs too but they can write off their costs while you cannot.

    Hire an experienced personal injury attorney in your area and trust in their judgment in advising when the time to settle has come.

  6. As many as necessary to dispose of the claim. There is no set amount.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  7. There is no set time. The more complex the case (i.e., more serious injuries, serious accident, multiple parties, minor involved, someone died, etc.) the longer it can take. However, this is really dependent on how aggressive your attorney is and how quickly the insurance company gets back to your attorney after each contact.