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Settlement Negotiations

Since most tort and insurance claims are settled, settlement negotiation strategy is critical to favorable resultsCases You Prepare to Settle, Try.
Cases You Prepare to Try, Settle.

These adages are familiar to trial lawyers. And, while they aren't always true, their point is well taken: Nothing good comes easy.

To get a favorable settlement, your lawyer needs to earn it through aggressive preparation, solid evidence, and a readiness to take the case to the jury. Only then will insurance companies take your case seriously and pay accordingly.

Lawyers who litigate aggressively, marshal the evidence and prepare for trial are able to negotiate from a position of strength. Those who take cases hoping to settle them in one or two phone calls cannot. They may be able to turn a quick profit and put some fast cash in your pocket. But quick cash often comes at a steep discount, as your lawyer sells your claim far short of its true value.

Sometimes it takes a war - or, the threat of war - to force adversaries into peace talks. Unless your rival insurance carrier fears the outcome of a trial, there is little motivation to pay you what your case is really worth.

Though most cases settle prior to trial, and many are resolved before suit is filed, maximizing the value of your case still requires hard work. Whether the case may be resolved in court or outside of it, your lawyer must still compile strong evidence to establish the defendant's liability, while fully and accurately itemizing the resulting damage. Only after completing this homework may fruitful settlement talks commence.

Arbitration and mediation are two alternatives for settling cases without more formal litigation.Arbitration and mediation are two alternatives for settling cases without more formal litigation.

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