The Process of Settlement Negotiations in Oregon Personal Injury Cases

TV shows can give the impression that most personal injury cases go to court. In fact, the majority are settled through negotiations, and personal injury victims secure settlements rather than court-awarded damages. So if you have been injured in Oregon and it wasn’t your fault, it is important to understand what happens during settlement negotiations.

In this post, we will explore how settlement negotiations work and the factors that influence how much compensation you could recover. We will also discover how the right personal injury lawyer can help you pursue maximum compensation in settlement negotiations.

Negotiated Settlement vs. Damages

In a car crash case, slip-and-fall case, work injury case or any other type of personal injury case, the injured party must have suffered losses for which the at-fault party must pay compensation. Most of the time, it is possible for both sides to agree on a settlement that is legally binding and resolves the case. There is no intervention from a judge or jury, and the injured party agrees to drop the case in return for a financial settlement.

On the other hand, if a case goes to court, a jury will decide who was at fault and whether damages, financial compensation, will be awarded. The at-fault party has the right to appeal against the verdict. 

Settlements can happen early in the personal injury claims process or as late as when the jury goes out to discuss their verdict. 

Benefits of settlements

Generally, you will be able to resolve your case more quickly if you accept a settlement. It may take months or even years for a case to come to trial; in complex cases, the trial may drag on for a long time. 

Going to trial brings many uncertainties. A 2005 study by the Bureau of Justice Statistics found that judges ruled in favor of plaintiffs in 56 percent of cases, and juries found for plaintiffs in only 51 percent. This percentage varies widely between auto accidents (61 percent) and medical malpractice (19 percent).

Therefore, accepting a settlement is less risky, as it guarantees you will walk away with some compensation. 

Disadvantages of settlements

Some personal injury victims are reluctant to accept a settlement since they may receive less than they feel is deserved for the injuries they have suffered. You may think that a trial will allow your attorney to present the full extent of your injuries and the impact they have had on your life.

However, understanding the settlement negotiation process can put your mind at rest and give you confidence that a dedicated personal injury attorney can help you achieve the compensation you deserve.

Steps in the Settlement Negotiation Process

At an initial free consultation, a personal injury attorney will listen carefully to your story. The lawyer will use his or her knowledge of Oregon law to advise you as to whether you have a strong case that is likely to result in compensation. If the law firm agrees to take on your case, your attorney will talk you through the following steps that could lead to a successful, swift resolution.

File a claim

The first step in the process is to file a claim with the at-fault party’s insurance company. This will outline your claim, give details of your accident, and the losses you have sustained. A personal injury lawyer can help you file your claim on time. 

In Oregon, you must typically file personal injury claims within 2 years. Otherwise, your claim will likely be denied before it gets started.

Build a strong case

Before your attorney can begin negotiations, he or she must investigate the circumstances of your accident to establish who was at fault. This may include gathering the following evidence:

• Police reports
• Witness statements
• Photos and videos from the accident scene
• Incident reports

Next, a personal injury lawyer will assess the impact of your injuries. It is important to show that you are doing everything you can to make a full recovery from your injuries and minimize their impact on your daily and working life. 

Evidence to prove the extent of your injuries and how they have impacted your life may include:

• Medical records
• Medical bills
• Lost wages
• Diaries detailing your daily pain and suffering since your accident

Your personal injury attorney will use this information to calculate a fair settlement figure. Your lawyer may need to consult medical or financial expert witnesses in cases involving catastrophic injuries or long-term disabilities.

Good preparation and strong evidence will likely make a huge difference to the ultimate outcome of settlement negotiations. The more evidence you can provide to your personal injury attorney, the easier it will be to prove the impact of your injuries and the losses you have sustained and fight for a fair settlement. 

Demand letter

Your attorney will now prepare and send a demand letter. This will provide a breakdown of the requested settlement, giving reasons why it is justified. A personal injury lawyer may recommend filing a lawsuit if it is not possible to reach a settlement through negotiations. 

Insurance companies cannot agree to settlements that are higher than their clients’ policy limits. It’s not uncommon for personal injury lawyers to ask for the full policy limit as the settlement.

Negotiation time

Now begins the tough process of negotiations with the insurance company. This is when you need the experience and tenacity of an experienced personal injury lawyer who can handle the pressure the insurance company will apply.

The insurance adjuster will likely reply to the demand letter, attacking each point. The insurance company will undoubtedly claim their client was not at fault, or his or her fault was less than yours. 

The insurer may also state:

• The injuries were not as serious as you claim
• The medical treatment completed was excessive
• The extent of the disability is not as serious as you say it is

Your personal injury attorney will then use the evidence gathered to rebuff these claims, building a strong case for a fair settlement. This process may continue for some time, depending on the nature and complexity of the case. 

A common insurance company tactic is making a lowball offer early in negotiations and setting a short time limit to force you to make a quick decision. Insurers know that accident victims are often under a lot of financial pressure and try to take advantage of that. 

Insurers are much less likely to succeed in these high-pressure tactics when you have an Oregon personal injury lawyer on your side. Your attorney will take the pressure off and use his or her experience of similar cases to advise whether the offer is fair or not. 

A personal injury lawyer can give you the confidence to keep fighting. If negotiations stall, your attorney can discuss concessions you are willing to make to reach a settlement. 

There is often a lot of back and forth until both parties reach a mutually acceptable figure. If you are never able to agree on what you and your attorney believe is a fair settlement, you have the right to file a lawsuit and take the case to court.

Settlement agreement

The final step is for both parties to sign the settlement agreement. The exact terms will vary depending on the type of personal injury case, the seriousness of the injuries, and whether it includes non-economic compensation.

A personal injury settlement will usually include the following:

• Past medical bills
• Future medical expenses
• Lost wages
• Liens from hospitals/health insurance

Additionally, you may receive non-economic compensation as part of your settlement package, which could include:

• Pain and suffering
• Loss of consortium (normal marital relationship)
• Disfigurement
• Loss of enjoyment of life

Typically, personal injury lawyers work on a contingency basis. This means they do not get paid until you receive a settlement. Therefore, the settlement must also cover other expenses, including attorneys’ fees and case costs. These fees are usually charged as a percentage of your final settlement.

Mediation: Another Form of Oregon Settlement Negotiations

In Oregon, you have the option of trying to resolve a personal injury lawsuit through mediation before going to trial. Mediation is not mandatory, but it can help disputing parties reach a settlement. 

During a mediation session, both parties meet with a neutral mediator who facilitates a discussion between them. The goal is to help both parties reach a settlement without having to go to trial.

Advantages of mediation include:

• Lower costs
• Faster resolution
• More control over the final result
• Less stressful than a courtroom trial

Mediation is not suitable for all personal injury cases but could be a useful tool in others. An experienced Oregon personal injury attorney can explain the process and whether it is right for your case.

Choose the Negotiation Experience of Johnston Personal Injury Law Firm

A negotiated settlement is usually the best way to bring a stressful personal injury claim to a successful conclusion. However, to give yourself the best chance of securing maximum compensation, it is important to choose a law firm with a track record of delivering outstanding results for its clients. 

At Johnston Personal Injury Law Firm, we aim to be a trusted advisor for every one of our clients. This philosophy has led to hundreds of successfully negotiated settlements. We never back down and will fight with everything we have during negotiations in pursuit of the compensation you need to get your life back on track. 

A dedicated and tenacious Johnston Personal Injury Law Firm personal injury lawyer is waiting to hear your story and advise you on your legal rights. Call today for a free case consultation or contact us online to get your fight for justice started.