How do Negotiations work?
Pre-litigation negotiations are discussions aimed at resolving your claim before a lawsuit is filed. Your lawyer gathers evidence about responsibility, your injuries, treatment costs, and other losses, then typically presents a demand package requesting compensation. The insurer or opposing party reviews the information and may request more records, dispute parts of the claim, or make an offer. Your lawyer responds to those issues and exchanges offers and counteroffers while explaining the strengths, risks, and available options.
SPEAK WITH YOUR ATTORNEY TO LEARN WHAT TO EXPECT GOING IN.
You decide whether to accept a settlement. Before agreeing, discuss the terms and your estimated recovery after attorney fees, case expenses, and any medical balances or reimbursement obligations. If an acceptable agreement cannot be reached, your lawyer can explain whether filing a lawsuit makes sense. Filing deadlines still matter during negotiations, so a lawsuit may need to be filed while settlement discussions continue.