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5 Tips For Negotiating Legal Settlements

5 Tips For Negotiating Legal Settlements
by Tamara Rein - July 24, 2022

Settling a legal dispute can be a hefty process. While the law is here to help, it cannot do much unless you understand how settlements work. Therefore, anytime you wish to invoke the legal system to help settle a conflict, be sure you have a good lawyer in your corner.

It is natural to feel intimidated when you file your legal settlement. You may fear how the other party will react, sign without reading the terms and agreements, or miss the necessary deadlines to make your claim valid. However, the key to filing a successful claim lies in the details. Since most settlements get handled without the need for a trial, there is no jury on you to lean back on. Your two assets are the information you provide and the lawyer who will handle your case. Therefore, here is how you gear up to negotiate an acceptable deal:

1. Discuss the case with your lawyer

No matter what kind of settlement you need to resolve, a lawyer can help you out. If you try managing without the proper support, you may miss crucial evidence or not build a strong case. Lawyers also have a range of connections to empower you through your legal dispute.

For instance, if you are filing an asbestos-related claim, a lawyer may help you find the most appropriate mesothelioma support for your health and financial worries as you gear up for your appearance. A seasoned expert such as a mass tort lawyer will also explain the framework of your claim

2. Ensure your documents are in order

Before any settlement begins, the other party you are filing against must be in the know-how. You have to present the purpose of your claim, the evidence upon which the case is built, and how you wish to proceed. This allows the other party to devise terms of the agreement, respond to your claim, and discuss a settlement amount for you.

Withholding information or springing up new figures when you're on the bargaining table makes your claim invalid. While your lawyer will file and draft your case, you must provide all the facts they ask for, take time to discover key elements of your claim, and ensure you stick to the prescribed deadlines. In the case of personal injuries, you have about two years to file a claim, but these timelines vary by state, and your lawyer will inform you about the limitations.

3. Prepare for the settlement

During a negotiation, expect the discussions to get heated. While you are trying to protect your interests, so is the other party. Therefore, they may try to discredit your claims, push for a smaller payout, or deviate from the topic. You may feel aggravated and emotional. This is perfectly natural. However, you must keep your cool.

A meditator or lawyer can do your bidding if you think you cannot handle conflict. But, if you want to participate in the discussion, ensure you are polite, respectful, and confident. You can always practice with your lawyer and try your hand in mock settlements to familiarize yourself with the process.

Additionally, you need to understand the importance of your settlement case. Is it benefitting you or imperative for your family, so your terms must take their interest into account too? You may also agree with some clauses the other team presents and disagree with the rest. This is a partial settlement; you may push for another court case.

4. Exercise caution while bargaining

You must utilize all your soft skills when a discussion kicks off. Listen to the other party and think carefully before answering. It will help if you ask questions related to the case and never agree to move on from a clause unless you're clear about the other party's demands. Consult your lawyer and proceed when you are stuck at an impasse, but don't try to thaw the situation yourself.

If the discussion angers you, try taking a breather, but don't resort to harsh responses. You may also initiate the settlement process over emails, texts, or the phone. In each case, the way you carry out a conversation varies. Emails are formal settings and require you to type with accuracy and detail. You cannot leave vague statements or present a confusing argument. Before agreeing, brainstorm with your lawyer and think over your discussion. If you feel happy with the settlement and offer, you can turn towards signing.

5. Read before agreeing

The final step in any negotiation is drafting an agreement. If you are unhappy with the terms listed, you don't have to sign and can always go back to the court process. But once the draft reaches the judge and gets approved, you will have to accept, so you should voice your concerns early.

If the other party agrees to change a statement or amend a clause, get it in writing with signatures. This is evidence and proves the validity of the change. When preparing to sign, read the agreement and ensure it aligns with your interest. If you feel you can get a better outcome than the one listed, you may always go for another round of discussions. Signing under pressure or without reading can lead to troubles for you. That is why exercise vigilance and agree when you are satisfied.

Conclusion

Legal settlements can be a daunting process. These negotiations are solutions to a legal pressing matter which often results in a payout. So, if you feel you need to pursue a settlement case, you should take the necessary measures to protect yourself and appear confident before the other party. Your lawyer is your biggest asset. These seasoned experts can explain the framework of your case to you and help you draft a claim. Once the paperwork is in motion, ensure you have all the documents you need before sending anything to the other party. 

While preparing for a settlement, preparation is your best friend. Take the time to review the structure with your attorney and be confident as you make your argument. You get one shot at bargaining, so don't rush the discussion and take the time to comprehend the other party's demands. If you feel you have reached the most suitable conclusion and understand the terms, sign your settlement, putting an end to this long and tenacious proceeding.

Author

  • Tamara Rein

    Tamara has worked with multiple start-ups as well as e-commerce websites, focusing mainly on welcoming and helping nurture new businesses in the market.

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