5 Mistakes To Avoid When Discussing A Settlement With The Defendant
Coming to an agreement with a settlement in your personal injury case might be the best possible solution. A settlement could provide you with a compensation amount that's suitable to you while saving you the trouble and expense of having to go to court.
The following are five mistakes you need to avoid for the best possible results in settlement talks:
Not considering fairness when determining your goals
Like any plaintiff facing a defendant in a personal injury case, your own side and argument are going to be much more apparent to you than your defendant's situation. However, considering the defendant's side and looking at things from the standpoint of what is fair can help you in your negotiations.
Firmly argue for your side while also avoiding coming across as unreasonable during settlement talks.
Not paying attention to the other side's goals
During settlement talks, think about what situation the other side seems to want to be arriving at as a goal. You'll be more likely to come to an agreement that's suitable to both sides if you're in tune with what the defendant's sticking points are and where the defendant might be willing to compromise.
Looking too much at what you want and not enough at what you need or what your case merits
During settlement talks, it's important to focus on what your case merits and not appear to be looking to get as much as possible on your case. You need to back up the amount of compensation you're seeking with reasons and facts.
Discuss what your case is worth with your attorney before settlement talks. Your attorney can fill you in on what demands will be reasonable on your part and will be possible as terms in a settlement agreement.
Forgetting the alternatives to settling
A lot of plaintiffs get so caught up in settlement talks that they become determined to settle. Don't forget that it's always an option to go to court and fight things out there.
Again, you need to discuss your prospects in court with your lawyer to get a good idea of whether you should deny a settlement agreement and take the case to court.
Getting too aggressive or emotional
Being level-headed and calm during settlement talks is important. If you show during settlement talks that you have a tendency to get too emotional, you may find that the defendant becomes more willing to go to court rather than offering a decent settlement amount.
Talk with an attorney like those at Banker Law Group for more advice.