In a California personal injury case, the term negotiation means:
- Discussions with the insurance company about settling your case.
Negotiation is a constant in a personal injury case, and it can be both formal or informal. The overall goal is to resolve things in a way that benefits both sides. But as the injured person, it doesn’t always feel this way. Thankfully, working with our California personal injury lawyers at Maison Law can protect your case and you can always rest assured that we’re working to get you the best possible result. Set up a free consultation today to learn more.
What Comes Out of Negotiation in a Personal Injury Case?
As we’ve said, negotiation is a constant in a personal injury case. But it actually starts as soon as there’s a demand. That demand lays out what happened, how you were hurt, and what you’re asking for based on the facts and your medical care. From there, insurance companies typically respond in one of two ways:
- They counteroffer, or
- They reject the claim outright
In most California injury cases, you’ll get a counteroffer. But it’s important to understand one thing up front: the insurance company’s main goal is to pay as little as possible. Their first number is almost never their best number. Here are some of the common ways negotiation actually plays out.
- Delay. One of the most common tactics is dragging things out. The insurance company is probably going to ask for documents they already have, request records one at a time, or claim they need time for “more review.” Sometimes they’ll set short deadlines or make a very low offer, hoping you’ll feel worn down or desperate enough to accept it just to be done.
- Deny. If delays don’t work, they may deny responsibility. They might say you were partly at fault, question how the injury happened, or argue that you waited too long to seek treatment. Insurance policies are often written in confusing language, and adjusters may use that confusion to pressure you into settling for less.
- Defend. If the case moves closer to court, the tone usually changes. Insurance companies have deep pockets and legal teams ready to push back. The cost, stress, and uncertainty of litigation are often used as leverage to make lower offers seem more appealing.
Negotiation isn’t just back-and-forth numbers—it’s about understanding these tactics and responding strategically. That’s where preparation and experience matter.
Get Help From Maison Law’s California Personal Injury Lawyers
The stakes are incredibly high if you’re negotiating with an insurance company–or anyone else. It’s not a time to go into talks alone. At Maison Law, our California personal injury team understands how insurance companies work. We know all the tactics they use, and can counteract them in negotiations to make sure you get the best possible result for your injuries. If you’re hurt, reach out to our team today for a free consultation. We’ll protect your claim.
