Length of a Settlement Negotiation | John Foy & Associates (2024)

No two accident cases take the same amount of time to resolve. If you want to file a personal injury claim to seek compensation for accident-related losses, you can expect to spend months arguing for your right to financial support. That said, the process can prove simpler — and faster — when you have an experienced Atlanta personal injury lawyer on your side.

The legal professionals with John Foy & Associates can help you fight for compensation based on your medical bills, lost income, property damage, and non-economic losses. When we helm case negotiations, we work to make the process as straightforward as possible, no matter what the details of your case look like.

Are you looking to avoid a personal injury trial? Contact our experienced attorneys to book a free case evaluation today.

How a Settlement Negotiation Works

If someone else’s actions cause your injuries, they may be legally liable for the damages, according to the Official Code of Georgia Annotated (OCGA) §51-1-6. There are two ways you can request the financial support you deserve under this statute.

You can request compensation via a liable party’s insurance policy, or you can bring a personal injury lawsuit against the party responsible for your accident.

The amount of settlement money you request in a personal injury claim can depend on:

• The at-fault party’s percentage of fault
• Whether or not you were partially at fault
• Your total injury damages

An experienced lawyer can help you determine the full value of your damages. We can also bring forward any additional evidence you may need to elaborate on your accident-related losses.

You have an obligation, whether in court or private negotiations, to meet your state’s burden of proof if you want your argument for financial support to move forward.

The Timeline for a Settlement Negotiation

How long do settlements take to resolve? The answer depends on the circ*mstances that led to your accident, not to mention the responsible party’s attitude.

Whether you decide to take action against a negligent party or an insurance provider, you can expect the settlement process to involve the following steps:

Sending the Demand Letter

Your demand letter goes to the person or party who caused your injury or their insurance company. Your demand letter explains the following:

• Your account of what happened and how the at-fault party’s actions injured you
• How many losses you’ve suffered
• The total compensation you’re requesting from the at-fault party or insurance company

Insurance companies do not have to respond to demand letters. However, most insurers will provide a timely response. An insurance adjuster who’s handling your claim will usually reach out. Insurance companies look for ways to pay as little as possible, so you’re likely to get a lower counteroffer.

Depending on the situation, it could take weeks to months for you to get a reply from a provider. Then, the settlement negotiation typically begins. If you haven’t heard anything in 45 to 60 days, reach out to the insurer to follow up.

Since insurance companies don’t have to respond to demand letters, an insurer could ignore you or take a long time to respond. An insurer who chooses to engage in bad faith delay tactics can impact how long it takes your settlement to resolve in hopes that you’ll give up on seeking compensation. If you don’t get a response from a provider after you reach out, contact a personal injury lawyer.

Negotiating a Settlement Check

If you get an offer from the insurance company, you can send a counteroffer. Both parties often go back and forth, trying to reach a number that works for both sides. Insurance companies do not like to pay out much on injury claims, so it might take time to negotiate.

Most of the time, settlement negotiation takes a few weeks or months after getting the first offer. Again, the exact timeline will depend on each case.

Mediation

If you cannot settle with the at-fault party, you might move into mediation. Mediation involves a third-party person who helps both sides agree. This is the last step between the initial negotiation and going to court.

Mediation can take as little as a few hours or as much as several days. If you still cannot agree during the mediation, you might decide to file a lawsuit.

Overall, the settlement negotiation process typically takes a few weeks to a few months. If all goes well, you and the other party will agree to a fair settlement for your damages.

Factors that Can Affect Your Negotiation Timeline

The amount of time negotiation takes can depend on:

• The strength of your case
• The lowest amount you’ll settle for
• How fast you want to reach a settlement
• Whether or not you have a lawyer

Insurance adjusters are trained to look for ways to cut costs. If there’s a way for the insurer to pay you less, they will usually find it. That’s why it’s best to approach your case with the most substantial evidence possible.

It’s also a good idea to work with a lawyer who can fight for your rights. A seasoned attorney will know how to handle the negotiation process and handle any insurance company tactics.

Improving Your Chances of Successful Negotiation

You can strengthen your chances of a fair offer by:

• Getting medical treatment for your injuries as soon as possible
• Taking pictures of the accident scene and your injuries
• Documenting your medical costs, lost wages, and other losses
• Gathering proof of the at-fault party’s negligence

The insurance company might also try to blame you for your injuries. Since Georgia is a partial fault state, blaming you for the accident might reduce the insurance company’s liability — even if they are partly responsible.

What to Expect When Demanding Settlement Funds From Insurance Claims Adjusters

You have an obligation to meet Georgia’s burden of proof if you want to fight for the right to a fair settlement check after an accident. This means that if you file an insurance claim, your claim must outline your right to each damage you’re requesting.

The evidence you can use to prove your right to certain damages can include the following:

• Medical bills
• Invoices
• Page stubs
• Accountant testimony

Our law firm will gather this information on your behalf. We will then attempt to resolve your claim through settlement negotiations.

The insurance company will likely submit a lowball offer based on the losses depicted in your initial claim. As mentioned above, insurance companies rarely offer the full amount you deserve immediately.

Instead, we will probably need to negotiate back and forth until both sides agree to an amount. If you are in the middle of contending with relentless bad-faith behavior, our legal team can intervene on your behalf.

What to Expect From an Accident Lawyer When Negotiating With an Insurance Provider

An experienced personal injury attorney can help you reach a personal injury settlement agreement with an insurance provider out of court. That said, if you can’t get a provider to understand the value of your case, you may have to move forward with a lawsuit either against the provider, the liable party, or both.

Our team can prepare you for this process while keeping the door open for additional opportunities to negotiate.

Talk to a Personal Injury Lawyer for Free Today

Several unique factors can impact how long it takes a settlement to resolve. Before you dive into negotiations, either with an individual or their insurance provider, consider getting in touch with an accident attorney.

John Foy & Associates has over 20 years of experience navigating the settlement timeline. We can offer you legal advice and representation as you fight for the financial support you deserve. What’s more, the attorneys with John Foy & Associates work on a contingency basis. We do not get paid unless we win your case.

Contact our personal injury lawyers today for a free, no-risk consultation.