Essential Negotiation Skills
for Personal Injury Claims

Building Rapport

Building rapport with the other party is one of the most critical negotiation skills. For a personal injury attorney, establishing rapport with claims adjusters can create goodwill and cooperation. Simple rapport-building techniques include:

Active listening - Make eye contact, nod along, and clarify points. This shows you're focused on understanding their perspective.
Mirroring body language - Subtly mimic the other negotiator's body language. This builds subconscious affinity.
Asking questions - Quiz the other party about their role, challenges, interests, etc. This demonstrates curiosity and concern.
Finding common ground - Identify shared backgrounds, values, or experiences. This establishes a human connection.
A warm demeanor - Smile, use their name, and convey positive energy. This makes discussions more amicable.

Building rapport with their own lawyer is also key for victims. This develops trust and ensures open communication about needs and expectations. Research shows that accident victims with legal representation can negotiate settlement amounts that are nearly 3.5 times higher than those without, so hiring a lawyer who understands them is vital.

Preparing Thoroughly for a Personal Injury Claim

Thorough preparation is vital in injury claim negotiations. Lawyers should gather all documentation, build a timeline of events, determine realistic compensation ranges, and plan a negotiation strategy. Victims must also collate documents, records, and costs and consider their needs. Being profoundly prepared prevents surprises and strengthens bargaining power. It is important to remember that about 95% of personal injury cases are settled before trial, and there are around 400,000 personal injury cases each year.

Key preparation activities include:

Document gathering - Collect police reports, medical records, bills, employment records, etc. Complete documentation is powerful. Missing documents weaken claims, so strive for 100% collection.
Research - Study case law, jury verdicts, and settlement data for comparable cases. This informs reasonable compensation estimates. Look for cases in the same jurisdiction with similar injuries and damages.
Cost tallying - Total all economic damages like medical bills, lost income, and other outlays. Quantifying costs grounds requests. Use spreadsheets to neatly organize and calculate all costs and losses.
Goal setting - Define your ideal scenario, acceptable scenario, and walk-away point. These guide strategy. Build in room for compromise between ideal and acceptable goals.
Anticipation - Predict counterarguments and prepare rebuttals. This avoids caught off-guard moments. Brainstorm creative counteroffers to overcome objections.
Review of communication - Rehearse explanations and responses to be clear, concise and persuasive. Practice in front of colleagues or a mirror for refinement.

Communicating Effectively

Clear, concise communication is indispensable for productive negotiations. Lawyers must explain their case persuasively but respectfully. Victims should clearly convey how the incident affected their life. Tips for effective communication include:

Active listening - Let the other party speak without interruption. Listen intently to understand their viewpoint.
Non-confrontational tone - Avoid aggressive or passive-aggressive verbal and non-verbal communication. This escalates tensions.
Asking questions - Seek clarification on any ambiguous or concerning points. Don't make assumptions.
Clear explanation - Use plain, easily understood language to explain your case. Avoid legal jargon with victims.
Documentation - Reference documents, facts, and data to substantiate requests. Data is more compelling than opinions.
Empathy - Express understanding of the challenges the other party faces. This diffuses acrimony. Research shows that lawyers who communicate with empathy and clarity tend to achieve settlements that are, on average, 15% higher than those who do not.

Patience and Reasonableness

Remaining patient and reasonable avoids unproductive conflicts. Personal injury lawyers should recognize that negotiations take time and avoid pressuring for premature closure. Victims, too, must understand that the process won't be instant and that expectations should be realistic. Ways to be patient and reasonable include:

Gradual escalation - Start with reasonable requests, then incrementally increase if needed—dramatic escalation strains goodwill.
Breaks when needed - Pause discussions if tensions rise and restart when cooler heads prevail.
Willingness to compromise - Have fallback positions where appropriate. Refusing any compromise is counterproductive.
Politeness - Never make threats or personal attacks, even when you are frustrated. Take the high road.
Perspective - Remember that negotiations are about business, not personal attacks. Don't take things personally.
Calm tone - Speak slowly, calmly and avoid raised voices. This models stability.

Weighing Alternatives

Assessing alternatives is vital should negotiations reach an impasse. Lawyers must temper requests by considering litigation costs, risks and timeline if settlement fails. They should inform victims of potential outcomes if talks collapse. Ways to weigh alternatives include:

Considering Best Alternative to Negotiated Agreement (BATNA) - Estimate outcomes if negotiations fail and litigation proceeds.
Analyzing risks and costs of litigation - Factor in potential expenses, delays and uncertainty of trial. For example, court transcripts can cost $2-$7 per page, and a day of testimony can easily generate hundreds of pages.
Gauging chances of victory - Soberly assess case strengths and weaknesses. Overconfidence backfires.
Consulting experienced colleagues - Seek wise counsel from lawyers familiar with court.
Updating clients regularly - Keep victims apprised of alternative options as talks proceed.
Exploring mediation - If talks fail, mediate before litigation. It's faster, cheaper and preserves goodwill.

Conclusion

Successful personal injury claim negotiation requires rapport, preparation, communication, reasonableness, and alternative assessment. Mastering these soft skills enables mutually acceptable resolutions. While negotiation can be frustrating, maintaining composure and professionalism is critical. With patience and diligence, fair settlements that cover losses can typically be achieved. Though negotiations are challenging, approach them as opportunities to find win-win solutions through persistence and creativity. In the end, ethical negotiation presents a better path than protracted litigation for both parties.

About the Author

Boris Dzhingarov is a passionate blogger. He is the founder of Dzhingarov.com.

Continue to:
Negotiation and Persuasion Skills
Negotiation in Action

Essential Negotiation Skills for Personal Injury Claims