September 13, 2023

Your Settlement Negotiations Stalled. Now What?

By Jonathan Damashek

Posted in

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Are you currently in the middle of negotiations with the insurance company for an injury settlement? Were you expecting the negotiation process to go more smoothly than it has? If your negotiations with the insurance company have stalled, you may be unsure of what your next steps should be.

You may not feel any progress is being made on your case. Fortunately, there are several steps you can take to move forward with the negotiations and get your settlement resolved.

Personal Injury Settlement Negotiation Timeline

The personal injury settlement negotiation process can often be involved. Generally, your injury attorney must work with the insurance adjuster or the defendant’s legal representative to resolve your case.

Before a resolution can occur, there needs to be a consensus on how much your damages are worth and who is responsible for causing your injuries.

Even if the insurance company makes a counteroffer, you do not have to accept it. In many cases, your attorney will be prepared to provide a counteroffer so you can further the negotiation process. At this point, your lawyer may also introduce additional evidence to support your need and entitlement to a higher settlement amount.

Generally, the more back-and-forth with the liable party and their insurance company, the longer it will take to resolve your settlement negotiations. If your attorney cannot work out an agreement with the insurance company, your case will almost certainly need to go to court.

Why Would Negotiations Get Stalled?

It is more common than you might think for negotiations with the insurance company to get stalled. Insurance companies are for-profit. For this reason, they lose money every time they pay out on a claim.

There are many tactics insurance companies can use to stall the negotiation process and hopefully reduce their financial obligation. Some of these tactics include:

  • Delaying the processing of your claim
  • Arguing that they are limited in the amount they can offer in personal injury settlement funds
  • Arguing that your claim for damages is not worth what you are seeking
  • Refusing to offer a counteroffer

Negotiations with the insurance company can also be stalled for several other reasons. For example, if you are receiving ongoing medical treatment or care, it may be impossible to determine the value of your medical expenses. You will want to ensure that every loss is considered so you can be compensated fairly for your current and future medical costs.

The negotiation process could also be solved if the civil court system is dealing with larger than typical caseloads, you are having trouble finding a lawyer to advocate for you, or the insurance company is arguing that you are partially to blame for causing your injuries.

In any case, the last thing you want is to be tricked or forced into settling for less than you deserve. Making sure you have a skilled New York personal injury attorney on your side could make all the difference in the outcome of your negotiations with the insurer.

How Do I Get Negotiations to Pick Up?

Even though your insurance negotiations may have stalled, there are multiple ways in which you may be able to get the ball rolling again. Some of the ways you could speed up the negotiations in your personal injury claim include:

  • Giving consistent statements
  • Refusing to argue with the liable party
  • Staying organized
  • Providing clear evidence to support your case
  • Working with a personal injury attorney
  • Understanding the value of your damages
  • Refusing to settle for less than you are entitled to
  • Refusing to give up when the insurance company offers an insultingly low settlement

You May Need to Pursue Compensation in Court

Your attorney will work diligently to negotiate with the insurance adjuster handling your claim. If, after some time, we can still not agree, the negotiation process may be stalled, and we may be forced to move forward with a civil action.

However, since many insurance settlements are limited to the amount and types of compensation purchased by the policyholder, it is possible that your insurance settlement would not adequately meet your needs.

For this reason, even if you could obtain a fair and reasonable settlement offer from the insurance company, you may still need to go to court if you hope to recover your damages in full.

If your case is heard in court, the settlement amount you will be awarded will be determined by a jury or a judge presiding over your case. It is also possible that you could come to a settlement agreement before your trial commences. 

Call HKD for Your Settlement Negotiation Needs

Negotiating with the insurance company should not be a hassle. When you have a dedicated New York personal injury attorney at Hecht, Kleeger & Damashek, P.C. advocating for your rights, you can rest easier. Our extensive experience in the New York State legal system has proven successful for other clients dealing with similar negotiation styles.

We are here to listen to your case and help you maximize your compensation. Make the insurance company pay. Schedule a no-cost, risk-free consultation today when you fill out our online contact form or call our office at (212) 490-5700.