How Do I Negotiate a Personal Injury Settlement After an Auto Accident? - Legacy Accident Lawyers

If you're filing a personal injury claim after an auto accident in California, consider these helpful tips when negotiating with insurance companies.

How Do I Negotiate a Personal Injury Settlement After an Auto Accident?

When trying to file a personal injury claim in California after a car accident, it's crucial to understand the worth of your claim. This will prepare you for negotiations with the other party’s insurance company, as well as their legal team. However, if you've never filed a claim or hired a personal injury lawyer before, you may not know how to negotiate a personal injury settlement after a car accident in California. Hiring a personal injury attorney will help you negotiate your settlement and protect you from being taken advantage of by insurance adjusters. If you choose not to retain legal counsel, consider these important negotiation techniques to obtain maximum compensation.

What To Consider During Negotiations For Your Personal Injury Case

There’s no exact formula to determine a personal injury settlement amount because each crash is unique and carries its own value. Before entering the negotiations stage, it’s vital to establish how much you’re going to ask for, based on what you think the liable owes for the damages caused. Determining factors that will be considered when valuing a case include:

  • Medical expenses – current and future
  • Pain and suffering
  • Severity of injuries
  • Property damage
  • How quality of life was affected
  • Loss of present and future wages

How To Negotiate A Personal Injury Settlement After A Car Accident

Negotiating with insurance companies is essential for ensuring you receive the compensation you deserve for your injuries. Here’s how to negotiate a personal injury settlement in California.


The first step in negotiating a personal injury settlement in California is to file a claim within the given timeframe. In Tustin, a plaintiff has two years to file a personal injury claim. This law falls under CA’s statute of limitations, and it is very strict. So, it is your responsibility to meet the deadline and file the claim in time.


You need to have all the files and documents related to your accident to be able to defend yourself when negotiating with the insurance company. Relevant documents may include police reports, medical bills, witness statements, and pictures or videos of the accident scene. You can depend on these files and documents as evidence during negotiations. Having these documents available at your fingertips will make it more seamless when building your case — and winning.


Now, estimate the value of damages from the accident once you’ve filed your claim. You can review the financial implications of the accident, such as lost wages, medical bills, pain, and suffering, to calculate what your personal injury claim is worth. If the car accident costs you money or impacts your earning ability, you can add it to your calculations. Once you’ve done your estimate, you’ll need to submit a demand letter to the at-fault insurer demanding fair compensation.


In most cases, the insurance company will come with a low-ball settlement following the submission of your demand letter. They use this trick to test your negotiation ability to see whether you know your claim’s worth. Counter the offer and explain your reasoning for rejection. The negotiation process settlement starts once you reject their first offer. Now, you need to defend your demand letter using all the evidence and documents you have compiled.


Your main goal is to reach an agreement with the insurance company. To achieve that, you need to emphasize the severity of your injuries. To get the optimal settlement value, try not to drag out negotiations. Instead, focus on the most vital points and strengthen those aspects of your argument. If an agreement cannot be reached, then it may be time to file a personal injury lawsuit. This is the stage when you take your case to court. The process is complicated and will be difficult to win without an experienced personal injury attorney.

How A Tustin Personal Injury Lawyer Settles A Case

Most California personal injury cases are settled out of court. However, there are times when some personal injury cases are settled for less than what was deserved. The reason is that many injured victims choose not to hire a lawyer after the car accident and end up handling the claim process on their own. Without having the needed legal knowledge, you will not know what is considered a fair settlement and what is not.

Insurance companies in California will be happy when dealing with an injured victim who has chosen not to hire a personal injury lawyer. This will give them more opportunity to take advantage, build a case around the victim being at fault, and other tactics to shortchange injured victims out of a fair settlement.

With a Tustin personal injury lawyer by your side, proving negligence on the other party outside of court or during litigation will be less stressful and improve your chances of recovering maximum compensation significantly.

Contact Legacy Accident Lawyers

Hiring an experienced Tustin personal injury lawyer who can represent you in the courtroom is crucial if you are pursuing a personal injury claim after a car accident in California. Here at Legacy Accident Lawyers, our attorney has the knowledge and resources to negotiate on your behalf and achieve the best possible settlement for your claim. Contact us today to schedule a free consultation for your personal injury case.

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