Key Negotiation Strategies for Winning Your Personal Injury Claim

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An effective negotiation strategy is critical to getting the injury settlement you deserve. A lot goes on at this stage, with negotiating tactics changing from one claims adjuster to the next, but the same basic framework always applies.

No matter how confident you are with your negotiating skills, it’s wise to study how the insurance claims process works, and plan your strategy beforehand.

Adjusters can be fierce negotiators, and they sometimes even break rules. You must be the one policing them and ensuring they don’t engage in any bad faith practices.

If you can’t reach a settlement, you may have to take your claim past the negotiation stage. This is when you file a lawsuit in small claims court, or engage in a form of alternative dispute resolution. You should know about these options right from the start.

What we’ll cover:

A Look at the Basic Negotiation Steps on the Way to Settlement

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The settlement negotiation process is not complicated. The majority of injury claims are handled the same way, and the steps follow a similar framework. Understanding this basic process is essential to winning fair compensation.

How to Negotiate Effectively with Patience and Persistence

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Negotiating a personal injury settlement can be a stressful and drawn-out process. It’s common to feel anxious and frustrated. To maintain the upper hand with the adjuster, you must adopt the traits of patience and constructive persistence.

Negotiation Tactics and Medical Terms

Saying the right thing and using the proper medical terminology can prompt the insurance adjuster to offer more money. Here we’ll look at some of the things you should and shouldn’t stress in order to get a better payoff.

Dealing with the Varied Negotiation Styles of Claims Adjusters

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The adjuster’s style of negotiating will likely differ from your own. Many factors can influence your communications. Remember, you have a lot riding on this claim, but to them you’re just another file to close.

What You Need to Know About Medical Records and Confidentiality

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Medical records are the foundation of any personal injury claim. You’ll need to request your records to prove the nature and extent of your injuries and treatment. We show you how to do it properly.

How to Organize Your Paperwork for a Smooth, Successful Claim

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Having all your documentation organized clearly and logically will do wonders for your claim. When every piece of information is at your fingertips, you will not only feel more in control when negotiating, but will also earn the adjuster’s respect.

The Right Way to Reject a Low Personal Injury Settlement Offer

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During the course of claim negotiations you’ll likely receive several settlement offers from the adjuster. You need to know how to formally reject an offer and make a counteroffer. We show you how to do it, and provide a sample rejection letter.

Common Reasons Your Car Accident Claim May Be Denied

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It’s always possible your claim might be denied. No-fault insurance and insufficient coverage are two common reasons for denials. Know your rights and what to do if your claim is rejected by the adjuster.

Dealing with Bad Faith Denials and Unethical Negotiating Practices

There are some unscrupulous adjusters who use bad faith tactics and other shady practices to deny or minimize claims. This section teaches you how to identify these unfair negotiation strategies and how to effectively deal with them.

4 Options for Recovering Compensation When Negotiations Fail

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If your claim negotiations don’t end in a fair settlement offer, you can take things a step further. This section looks at some of the other options you have to recover compensation for your injuries.

Using “Outside Factors” to Negotiate a Higher Settlement Offer

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There are certain tactics you can use when negotiating with the adjuster to increase your personal injury settlement. History of jury verdicts and the insured’s driving records are two influential factors that can help in your negotiations.

Getting a Nuisance Value Payout If Your Claim is Denied

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If all else fails and your claim is denied, you may have to resort to a personal injury lawsuit, or at least the threat of one. Here we teach you a few negotiation strategies to get at least some compensation from the adjuster, even if she at first denies your claim.

All About Small Claims Court and Alternative Dispute Resolution

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If settlement negotiations don’t pan out, there’s a good chance you’ll wind up in small claims court, or in some form of alternative dispute resolution. Learn about these other options for recovering compensation here.

How to Handle a Delay While Waiting for a Settlement Check

video iconStill waiting for your settlement check? Here’s what you can do if the insurance company is withholding your injury compensation.


Tips and Sample Dialogues for Negotiating:

Car Accident Settlements:

Part 1: Hard Costs | Part 2: Pain and Suffering | Part 3: Sample Dialogue

Slip and Fall Settlements:

Part 1: Costs | Part 2: Mental Anguish | Sample Dialogue with Adjuster

Product Liability Settlements:

Negotiating Tips Part 1 | Part 2

Dog Bite Settlements:

Negotiating “Hard Costs” | Pain and Suffering | Negotiation Example

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