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What happens during the negotiation stage of a personal injury case by Nares Law Group

Posted by Kaitlin Nares | Jan 24, 2025 | 0 Comments

During the negotiation stage of a personal injury case, various activities and processes occur as both parties attempt to reach a settlement. Here's an overview of what typically happens during this stage: 

Investigation and Gathering Evidence:

Before negotiations can begin, both parties conduct an investigation to gather evidence relevant to the case. This may include medical records, accident reports, witness statements, photographs, and any other documentation that supports their side of the story.

Demand Letter:

The injured party's attorney will usually draft a demand letter outlining the facts of the case, the extent of the injuries, and the damages suffered. The demand letter will also state the amount of compensation the injured party is seeking to settle the case.

Initial Offer:

The at-fault party's insurance company or their attorney will respond to the demand letter with an initial offer. This offer may be lower than the amount requested in the demand letter as insurance companies typically try to settle for as little as possible. 

Negotiation and Counteroffers:

The negotiation process begins with both parties going back and forth, making counteroffers to each other. This stage may involve multiple rounds of negotiation until both sides are willing to agree on a fair settlement amount.

Mediation:

If the negotiations reach an impasse, the parties may opt for mediation. A neutral third party, the mediator, will help facilitate discussions and assist in finding common ground. Mediation is not binding, but it can help move the negotiation process forward.

Settlement Agreement:

If the parties reach a mutually acceptable settlement amount, they will formalize the agreement in writing. This document outlines the terms of the settlement, including the amount to be paid, any conditions or releases, and the timeline for payment.

Release and Waiver:

In exchange for the agreed-upon settlement amount, the injured party will typically sign a release and waiver. By doing so, they agree not to pursue any further legal action against the at-fault party related to the specific incident. Rejection of

Settlement:

If negotiations fail to result in a satisfactory agreement, the injured party may choose to reject the settlement offer and proceed to trial to have a judge or jury determine the outcome of the case. It's important to note that the negotiation process can vary depending on the complexity of the case and the willingness of both parties to cooperate. Additionally, personal injury laws and practices may be subject to change over time, so it's essential to consult with a qualified attorney in Colorado for the most up-to-date information regarding personal injury cases.

CONTACT A PERSONAL INJURY ATTORNEY IN COLORADO TODAY If you or a loved one have been injured in an accident and are considering whether to pursue a claim, you should contact Nares Law Group to schedule a Free Consultation. Call 720-637-7786 or fill out our contact form at www.NaresLawGroup.com to get started on your road to recovery.

About the Author

Kaitlin Nares

Kaitlin Nares is a partner and founder of Hagen Nares PLLC. Kaitlin is known for her compassion, professionalism, and clear communication. Kaitlin co-founded Hagen Nares PLLC as the culmination of her passion for the law and her desire to help families that have been severely injured at no fault ...

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