Negotiations in any personal injury case are tough because factors such as self-interest, dividing gains, psychological barriers, ego, conflicting negotiation styles, etc., create invisible obstacles that are hard to overcome, especially by inexperienced attorneys.
Experienced Utah injury lawyers, on the other hand, are skilled negotiators who take time to prepare their case which helps victims resolve cases before trial by placing indisputable facts and figures on the table. Here is how such lawyers prepare for a settlement:
1. Calculating Damages
A large chunk of the compensation claimed in most personal injury cases revolves around current and recurring medical costs – and how the victim’s medical condition can impact his life going forward. Utah injury lawyers pay close attention to the doctors’ opinion about the victim’s condition and how adversely it is likely to impact his future earnings and social life. They first understand the extent, nature, severity, and the long-term impact of the injuries before calculating the economic and non-economic (current and future) costs like:
- Lost wages (current)
- Lost wages (future)
- Diminished earning capacity
- Current medical expenses
- Recurring medical expenses
- Disabilities, if any
- Recurring pain
- Social alienation (humiliation, maybe)
- Psychological trauma
- Funeral expenses
Utah injury attorneys may need to consult medical and finance professionals to determine special damages.
Calculating vehicle damage is easy – the lawyers just have to get an estimate from the car repair shop.
Once the damages are calculated, drawing up the compensation claim becomes easy.
2. Adjusting the Claim
Utah injury lawyers then adjust the claim by factoring in the following:
- Shared liability (comparative negligence) – for example, if the victim was 20% at fault, then his compensation claim is reduced by 20%.
- If multiple parties are at fault, the lawyers fix the liability for each at-fault party.
- The lawyers then adjust the claim based on the victim’s age, profession, and medical history (some injuries can aggravate existing conditions).
- Utah’s attorneys also analyze the verdicts that the jury has handed out in the past at the trial venue and adjust the claim accordingly.
- In some cases, the victim, either acting on his hunches or advice from an inexperienced attorney, does things that can reduce his compensation claim. For example, he postpones his medical treatment, out of neglect, complacency, or whatever reasons. This can lead to an increase in his pain and suffering, and as a result to higher medical expenses. These extra costs, which cannot be claimed in compensation, he could have mitigated if only he had taken timely action.
3. Drafting and Submitting the Settlement Demand
Once the compensation claim is calculated, the Utah injury lawyer adds his fee to it and drafts a settlement demand, which is sent to the defendant or his insurance firm.
The negotiations begin soon after, and if the defendant makes a reasonable counteroffer, the case is likely to get settled fast.
Most cases get resolved before they go to trial so long the lawyer has got his facts and figures right. Experienced Utah injury lawyers take their time to prepare a compensation claim because they know that if the case is strong, the defendant and his insurance company will be overeager to settle.
Remember that it is in everyone’s interest to settle the case before it goes to trial because once it lands up in court, everything depends on the jury, and things can get unpredictable.
To learn more, please take full advantage of our free initial meeting.
FREE INITIAL DISCUSSION
We urge you to take advantage of our no-obligation, no-pressure, free initial discussion offer and learn how we get favorable results for victims injured in any accident. We can demonstrate how our preparations and negotiations have helped hundreds of clients win millions of dollars in damages.
During the meeting, our team of Utah injury lawyers will be happy to calculate your approximate compensation claim, discuss your case’s strengths and weaknesses, and demonstrate how we can win.
Our team of Utah-based lawyers is fiercely loyal to clients and has many years of experience in tackling at-fault parties, their lawyers, and insurance companies.
Moreover, we work on a contingency fee basis – you don’t pay if you don’t win.
Thus, you have a lot to gain and nothing to lose by meeting us.
So, don’t hesitate – just pick up the phone to fix a meeting, or use the contact form on this page.
