You may have an eligible case of personal injury or malpractice that you are suing for damages in the court. But be assured that the defense lawyers will always begin by saying that the settlement you are claiming is way too much for the defendant to pay; even if it is proved fair and square that the accident or injury was not your fault at all.


So why is it that the defense is so eager to always shoot down your claim? It is important to understand here how the negotiation process for a personal injury claim settlement works. You may have a figure in mind which you think fully compensates you for your losses and troubles, which you put forward in court. But there is a lot that goes on behind the scenes, and it would do you good to be aware of these matters. What you really need to understand is that the defense's strategy in a personal injury or malpractice lawsuit will always be to prove that your settlement claim is too high and the figure needs to be brought down. They will also try to approach your lawyer and attempt for an out-of-court-settlement; and these negotiations will keep continuing throughout the litigation process. It is finally up to you to decide whether you would like to fight until the end and place your faith in the court, or if you would like to settle early and go home with an impressive, albeit slightly reduced, settlement. If you are wondering about what you can do in a situation like this, here are a few pointers

a) Keep Calm and Analyze the Situation

More often than not, we take an offer for a low settlement as a personal affront and react quickly. You need to remember that this is just the beginning of the negotiations process and that you need to maintain a professional demeanor. So calm down, and analyze the offer. Take your lawyer's advice, ask other experts, and rationalize before you make any sudden moves that can come back to bite you later.

b) Always Respond in Writing

If you are dealing with an insurance company, you can ask questions to the adjuster and evaluate the company's reasons for offering a lower amount. These responses will help you draft a formal reply to the company's, or the defendant's, offer. A written reply helps you keep track of the negotiation process and also gives you the time and opportunity to put across your points in a valid, no-nonsense manner.

c) Formulate Your Counter-Offer Wisely

In some cases, it may be wiser to lay down the sword than to keep battling on. You need to take your personal injury lawyer into confidence and come up with a counteroffer that is valid and reasonable. The back-and-forth can be tiring; so do not give up easily but at the same time, do not have unrealistic expectations that will never hold in court.

In most medical malpractice cases, the defending doctor has failed to provide the required standard of care, which has resulted in harm to the patient. In certain cases, the liability is obvious, and the defendant's lawyer might even recognize and agree that the doctor had clearly departed from providing good medical care. However, in most cases the doctor's lawyer will not admit this in court and will waste time trying to prove to the court that the doctor was not responsible for the malpractice and the resulting injuries to the patient.

Read more: Admitting Liability in a Medical Malpractice Case

You will probably have grounds for a lawsuit or might be entitled to recover from a class action lawsuit, if breast implants you have used turns out to be defective. If a persona is harmed due to such a faulty implant, the medical malpractice lawsuit may be filed against the manufacturer, in most cases, or against the plastic surgeon.

Read more: Establishing Liability for Defective Breast Implants

There are many times in a personal injury or medical malpractice lawsuit in New York where the defending lawyer knows, and perhaps even admits, to his client's fault in the events that caused the plaintiff to file a case. And yet, many defending lawyers are wary of admitting liability outright and discussing damages and compensation in court. What is it that makes defendants and their lawyers so scared of admitting guilt?

Read more: The Pros and Cons of Admitting Liability in a New York Medical Malpractie Lawsuit

When a medical malpractice lawsuit goes to trial, lawyers sometimes bring in expert or specific doctors to testify in court hoping that the testimony will make their case stronger. It is essential in these circumstances to choose the right kind of medical expert to testify on your behalf, because a lot hinges on these 'expert' testimonies and a wrong move can turn the case right around on its head.

Read more: Choosing the Right Doctor to Testify in Your Medical Malpractice Trial

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