At Ashby Thelen Lowry, our Atlanta personal injury attorneys know settlement negotiations in Georgia personal injury cases are critical in resolving a claim without trial. These negotiations aim to reach a fair agreement compensating our client for their damages, including medical expenses, lost wages, pain and suffering, and other related costs.
While 90-95% of all personal injury claims in the U.S. are settled outside a courtroom, we believe the more information our clients have about the process, the better equipped they are to make informed decisions about the direction of their claims.
Here, we provide a general overview of how the process typically unfolds.
Navigating the Settlement Negotiation Process in Georgia Personal Injury Cases
The process begins with gathering and documenting all relevant information about the incident, including police reports, medical records, witness statements, and other evidence supporting the claim. This documentation is crucial in establishing the extent of the injury and the liability of the at-fault party.
The next steps include the following:
- Demand Letter
Once the evidence is compiled, our Atlanta personal injury attorneys will draft a demand letter to the at-fault party’s insurance company. This letter outlines the case facts, the injuries sustained, the treatment received, and the financial impact on the victim. It also specifies the amount of compensation being sought.
- Response from the Insurance Company
The insurance company will review the demand letter and conduct its own investigation into the claim. Based on their findings, they may respond with a counteroffer, typically lower than the amount requested in the demand letter.
- Negotiation Phase
Negotiations begin between our Georgia personal injury law firm and the insurance company, often involving multiple rounds of offers and counteroffers. During this phase, both sides discuss the case’s strengths and weaknesses, the extent of the injuries, and the potential outcomes if the case were to go to trial.
- Evaluation of Offers
Our attorneys and clients will evaluate the insurance company’s offers, considering the immediate and long-term impact of the injuries, the likelihood of success at trial, and their financial needs. We will guide our client on whether to accept an offer or continue negotiating.
Our client may reject the offers and proceed to trial if a fair settlement cannot be reached. The decision to go to trial is typically made after carefully considering the potential risks and rewards, as trials can be unpredictable and costly.
- Reaching a Settlement Agreement
If both parties reach a mutually agreeable amount, a settlement agreement is drafted. This agreement typically includes a release of liability, meaning our clients agree not to pursue further legal action related to the incident in exchange for the agreed-upon compensation.
- Finalizing the Settlement
Once the settlement agreement is signed, the insurance company will issue the payment. This payment is typically made in a lump sum, although in some cases, it may be structured over time. Our attorneys will deduct legal fees and costs from the settlement before disbursing the remaining funds to our client.
Understanding this process is essential for anyone involved in a personal injury case in Georgia. It helps set realistic expectations and ensures our clients are adequately compensated for their losses without the stress and uncertainty of a trial.
If you or someone you love has been injured or lost their life in an incident caused by negligence in Georgia, contact our skilled Atlanta personal injury lawyers and support team at Ashby Thelen Lowry at (404) 777-7771 to schedule a free consultation.
This initial step will ensure your rights are protected and enable you to make informed decisions about the direction of your claim.