Negotiation

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How Are Negotiations Used in Personal Injury Law?

In personal injury law, negotiations generally happen between a personal injury attorney who represents an injury victim and the defendant, the defendant’s insurance company, and/or the lawyers who represent either of them. Negotiations are used to help both sides avoid expensive trials by coming up with a resolution or recovery amount that helps the victim recover sufficiently from his or her injuries.

Famous Cases in Which Negotiations Were Used

Purdue Pharma Opioid Settlement

Fifty-five attorneys general came together to ensure that the Sackler family, owners of Purdue Pharma were held accountable for the opioid crisis that took place in the United States, in part due to the Sackler family’s manufacturing and aggressive marketing of opioid products. To reach this settlement, all 55 attorneys general, Purdue Pharma, and the Sackler family had to negotiate terms everyone found fair and just. Attorney General, William Tong noted that the $7.4 Billion settlement came after “years of tumultuous negotiations and legal battles all the way up to the supreme court.”

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When Are Negotiations Used in the Legal Process?

Negotiations can be used throughout the legal process, even in the appeals process, after a jury verdict. In the case of Stella Liebeck v. McDonalds, for example, the jury awarded Liebeck over $2 million in damages, after which a judge reduced the final punitive damages to $480,000. When both parties appealed the decision, they negotiated further and settled out of court for an undisclosed amount.

However, most negotiations are agreed upon and completed before a trial begins, because it is often in the best interest of both parties to avoid going to trial

Are Negotiations Used in Kentucky Personal Injury Law?

Yes! Kentucky personal injury lawyers often negotiate with insurance companies to ensure their clients get the compensation they need to recover from damages.

Are Negotiations Used in Tennessee Personal Injury Law?

Yes! Personal injury attorneys in Nashville and throughout Tennessee use negotiation techniques to make sure their clients don’t get screwed over by low-ball offers from insurance companies.

How Does Hughes & Coleman Injury Lawyers Use Negotiations?

When you meet with your personal injury attorney from Hughes & Coleman, they will take the time to learn about your story, what your life was like before your injury, and how your life changed since. They’ll gain a greater understanding of how you were affected by the incident that caused the injury and use your story to negotiate with the insurance company or the defendant’s legal representation. When your personal injury lawyer sends out the demand letter, they will ask for a specific amount that you will need to recover.

Afterwards, the defendant’s team will either accept the demand or they will come back with a counteroffer. If there is a counteroffer, negotiations will continue, especially if that counteroffer is too low to help you recover properly.

If negotiations fail to get the results you deserve, your attorney may suggest taking the case to trial. In the end, the attorneys at Hughes & Coleman want you to be comfortable with the result of the case, so you will be given updates on any offers given, and you can choose whether to accept them.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Negotiations in Personal Injury Law

Can you negotiate a personal injury settlement?

Yes! You can negotiate your settlement; however, taking on large corporations or greedy insurance companies can be nerve wracking and sometimes difficult. This is why it’s a good idea to have an experienced personal injury attorney negotiate for you.

What does it mean when a case is in negotiation?

When your case is in negotiation, your attorney is fighting hard to get you the compensation you deserve. Your attorney is going back and forth with the defendant’s team to discuss the best possible outcome and to avoid a trial.

Why is negotiation important?

Negotiations allow both sides to discuss what they want, give arguments to help the other side understand the circumstances surrounding the incident, and help both sides avoid an expensive trial.

Do you really need a personal injury lawyer to negotiate with insurance companies?

While you don’t necessarily need an injury lawyer to help you, experienced personal injury lawyers can calculate damages you didn’t know you had a right to recover, and they know how to talk to insurance companies to get the most out of your claim.