Legal Self Help

Depositions and the Settlement Process-Personal Injury Litigation


Insurance companies know that jury verdicts, even for legitimate and substantial accident injury claims, are often much lower than they used to be. Thus, the insurance companies almost never offer full value until you have proven to them that they really have no other choice. That means having many aspects of your seemingly private life explored by means of subpoenaed…

Negotiating with Insurance Companies in Personal Injury Litigation

Once the insurance company has finally made you a settlement offer, be prepared to say no. It is very rare for the first offer to be their best offer. When you go to purchase a car, you do not accept the first offer from the dealership. Similarly, the insurance company does not expect you to take their first offer, and that is why you can expect to initially receive a low ball offer.

Settlement Demand Letter for Personal Injury Litigation

April 24, 2013


SUITE 5055


ATTN: 0.J. Kildum,


RE:      My Client:                   G. Howett Hurt

Your Insured:              Scott Free

Your Claim No.:         0123456789000000

Dear Mr. Kildum:

Enclosed are the complete medica…

Sample Settlement Demand Letter for Personal Injury Litigation

October 19, 2013

SUITE 5055




RE:      My Client:                   A. Ken Head

Your Insured: Al Coholic
Claim No:                    1234567890000000

Dear Ms. Surance.

Enclosed are the following medical bills and…

Working with Personal Injury Insurance Claims Representatives

You can expect that, the first time you speak with the insurance company’s claims representative about settlement, there will be some kind of excuse for why a settlement offer cannot be made at that time. That is standard operating procedure. It does no good to get frustrated or angry. If the explanation is reasonable, handle it professionally and courteously. You will know if you are being…

Important Factors in Getting Personal Injury Cases Settled

Be sure to send organized copies of your medical bills and reports with your settlement demand letter. Arrange them in chronological order, beginning with the ambulance bill, the emergency room bill and report, the bills and reports of your primary physician, followed by the bills and reports of any specialist that you have seen. After this comes the physical therapy bills and reports, and then…

Jury Research to Determine Settlement Value of Personal Injury Litigation


So you are probably asking yourself at this point how the lawyers and insurance adjusters figure your settlement limit. While the personal injury lawyer relies on his or her experience in similar cases, and on the opinion of other personal injury attorneys to gauge the maximum settlement value of a case, there are some tools available as well.

Jury Research


More Factors Involved in Increasing Value of a Personal Injury Lawsuit

Holding Out for a Better Settlement

The willingness you and your attorney have for holding out for top dollar is another important factor. Insurance companies always start with a relatively low offer and work their way up. Your attorney is ethically required to report each and every offer to you. If your attorney is experienced, he or she will tell you if the first offer is too low and ask…

Settlement Demand Letters and Personal Injury Litigation

The Settlement Process

The vast majority of personal injury cases ultimately are resolved through settlement, rather than through trial. There are various stages at which personal injury cases are most likely to settle. Knowing this will enable you and your attorney to concentrate your settlement efforts around these opportunities.

The first chance for settlement occurs shortly after t…

Value of a Personal Injury Claim: The Defendant’s Likability

The Defendant

The personality and actions of the defendant are yet another important factor. If the defendant’s actions were particularly outrageous, the sky is the limit as far as the jury may be concerned.

Example: Dave was struck in the back by a car as he was walking along the side of a country road. The compensatory damages, that is, the damages that were strictly to compensate him…

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