You believe you’re entitled to something. The other side disagrees. Neither of you wants a legal fight—at least not yet. That’s where negotiation comes in.
Negotiation is how most disputes get resolved. It’s about finding middle ground, avoiding court, and reaching a solution you can both accept—even if it means compromise.
But successful negotiation doesn’t happen by chance. It takes preparation, strategy, and knowing when to push and when to pause.
This guide breaks down what to expect, how to prepare, and how to approach the process with confidence.
The Initial Consultation With Your Lawyer
To start the process, schedule a free initial case consultation with a personal injury lawyer. If you end up deciding that you want the lawyer to represent you, they will decide whether to take your case based on a number of factors.
The most important factor, of course, will be whether they think they can win it. Another critical factor will be whether they think your case will be worth winning, given its probable value.
Most personal injury lawyers work on a contingency fee basis. This means that if they win, they get a certain percentage of whatever amount they manage to win for you. If they lose, they work for free, because you won’t owe them anything in attorney’s fees. For this reason, if a lawyer agrees to take your case, you can be sure that they believe they can win it.
Determine a Preliminary Value for Your Claim
The first step in the resolution of your claim is to perform an initial investigation. This entails interviewing witnesses, getting a copy of the police report, obtaining your medical records and bills, and more. Your claim should be composed of two or three types of damages: economic damages, non-economic damages, and (perhaps) punitive damages.
In particular, be sure not to underestimate the value of pain and suffering, as well as the estimated future medical expenses and diminished earning capacity associated with long-term disability. Any of these three items could easily add up to more than half the total value of your claim.
The Demand Letter and the Reservation of Rights Letter
Typically, negotiations begin once you send a demand letter to the insurance company. The demand letter should state your claim, justify it with facts about your case, demand compensation, and include supporting documents (such as copies of medical bills).
The insurance company will probably send a reservation of rights letter, reserving its right to reject your claim if it holds no merit.
The Offer/Counteroffer Phase
You can expect a ‘lowball’ offer from the insurance company, which you should reject. After that, it will be a game of offer/counteroffer, offer/counteroffer that might remind you of a game of ping-pong.
This will probably go on for weeks or even months. You might reach a settlement, or you might throw up your hands in exasperation. Nevertheless, you haven’t reached the end of the road.
Filing a Lawsuit
Now it’s time to play hardball. Not all negotiations reach this point, but filing a lawsuit is always an option unless the statute of limitations deadline has expired. Filing a lawsuit doesn’t mean you’ll go to trial.
After all, you can always withdraw your lawsuit in exchange for an acceptable settlement. The main reasons for filing a lawsuit are (i) it complies with the statute of limitations and (ii) it gives you access to the pretrial discovery process.
Pretrial Discovery
Pretrial discovery, available only to lawsuit litigants, is a powerful way to obtain evidence from the defendant. Below is a list of legal weapons you can use against the defendant, and the defendant can use against you:
- Depositions: You can elicit sworn testimony from the defendant’s witnesses.
- Interrogatories: You can submit written questions that the defendant must answer in writing.
- Demands for production: You can demand to inspect physical evidence and request copies of documentation.
If the defendant refuses to cooperate, you can ask the court to intervene with punitive sanctions.
Drafting a Settlement Agreement
Have your lawyer draft a settlement agreement for you and ensure the wording is appropriate. Once both parties have signed the agreement, your personal injury claim becomes a contractual right.
Contact a Tampa Personal Injury Lawyer for a Free Consultation
The earlier you involve a Tampa personal injury lawyer with your case, the more familiar they will be with your case when it matters most. Furthermore, they can offer you advice that can prevent you from damaging or even destroying your claim.
Contact us by calling (813) 223-6200 to set up a free consultation with an attorney from Winters & Yonker Personal Injury Lawyers.
