3 Strategies for Winning a Personal Injury Claim Settlement

When you hire the law firm of Kantrowitz, Goldhamer & Graifman, you can rest assured we’re preparing your case as if we were going to trial. However, the surprising truth is that approximately 95% of civil lawsuits are resolved through negotiated settlements. In the hands of skilled personal injury attorneys, this is good news for claimants, as it often leads to the fast recovery of substantial sums of cash that can go toward paying medical bills, covering living expenses, and moving on from a traumatic event. If the defendant refuses to make a reasonable offer, we have the resources and expertise to take your case to trial and fight to get you the maximum compensation allowed. Otherwise, there are several strategies we can employ to resolve your case prior to trial.

1. Focus on fact-finding

Quality information gathering in the earliest months of preparation is associated with more favorable outcomes. In the legal field particularly, information is power. The best way to increase the amount of leverage we have over the other party is to obtain as much information as possible – and as early as we can. Right out of the starting gate, we seek to establish all the substantive facts – the who, what, where, and when. We comb witness accounts, accident reports, emails, computer-generated information, medical reports, and internal memos. We lock in any impartial witnesses we can, as well as key players outside the firm that can gather and preserve documents, as well as collect conflicting or corroborating stories. We meet with witnesses early to assess strengths and weaknesses.

Next, the motivational facts are explored to uncover the opposition’s points of discomfort, “smoking gun” revelations they do not want disclosed, and the financial issues that may influence decision-making. Whenever possible, we uncover information through investigation, rather than discovery, so we have access to facts that are unknown to the other side.

2. Prepare a Persuasive Presentation

Successful mediation boils down to the effectiveness of your argument (which depends upon your in-depth understanding of the law) and the quality of your presentation. The more exhibits and convincing proof you bring to the table, the more likely you are to get a large settlement offer. We may compare your situation to similar cases that have come before yours as part of our legal argument. Expert opinions, professional and industry standards, and cost-benefit analysis are typically tapped, depending on the facts surrounding your case.

3. Control the Mediation

Arriving to a mediation fully prepared ensures an excellent outcome for our clients. Prior to the mediation, we like to sit down with the mediator to discuss the structure of the mediation process. Our attorneys come prepared with evidence, exhibits, Power Point presentations, and other persuasive materials. We have a draft agreement ready to go to make sure the terms for payments and confidentiality are all favorable.

Need a Rockland County or Bergen County personal injury lawyer?

Find a compassionate personal injury lawyer who will fight aggressively for a fair settlement. With offices in Rockland County and Bergen County, our skilled team of researchers, legal experts, and attorneys have been on television and radio shows. They’ve been invited as guest speakers at seminars and published books in their areas of expertise. We are among the “Top 100 Trial Lawyers in America”. Contact us for a no-obligation, free case review. We take all personal injury claims on a contingency basis, so you pay us nothing unless we win a settlement or jury award on your behalf!

Additional Personal Injury Claim Resources:

  1. American Bar Association – Winning the Settlement, http://apps.americanbar.org/litigation/committees/corporate/docs/2010-cle-materials/03-winning-negotiaion/03a-winning-wettlement.pdf
  2. American Bar, Personal Injury Claims http://www.americanbar.org/groups/public_education/resources/law_issues_for_con