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There is No Point in Arguing about who is Responsible during the Negotiations

May 24, 2015 | Medical Malpractice

When you start to negotiate with the defense attorney, why is it that you no longer focus on who actually caused your injuries?

When You have Sued One Person

The moment you have settlement discussions, assuming it is only one doctor, one hospital, one driver, or just one or two people, your lawyer will no longer focus on who actually caused or contributed to your injuries. Why does this happen? It is because your lawyer is now focusing only on damages. Your lawyer is focused on compensating you for the harms and injuries you have suffered. Based on this understanding, now your lawyer is trying to establish:

· What long-term injury or disability you have

· How much money you have lost, because of these injuries

· How long were you out of work

· What expenses did you incur in therapy or rehabilitation

· What is the pain and suffering you have endured and are likely to endure in the future

When you are having a settlement discussion, the focus shifts from who is actually responsible to how much you believe your case is worth. Now your lawyer will have to go ahead and negotiate based on the value of your injuries. There will be a serious and designated discussion that takes place on only the harms and losses you have suffered.

When You have Sued More than One Person

Obviously, if there is more than one person you have sued because you believe there was more than one person who caused you harm – then it is also a question of percentage. You will have a separate discussion about what extent each person is responsible in contributing towards your injuries. However, once that is established, the entire discussion changes from who is responsible to how much money can be negotiated for compensating you for all the harms, injuries, suffering, and losses you have endured because of the injuries.

Arriving at a Mutually Accepted Compensation will be the Main Focus

Settlement negotiations can be brief or they can be long, but the main aspect discussed will be the compensation amount rather than arguing about responsibility. The defense lawyer might suggest that it will be difficult for you to prove liability at the trial; however, it is simply a negotiating tactic to decrease the settlement amount. Even though the defense lawyer might mention something about liability, it will not encapsulate the focus of the discussion.

The whole point of negotiations is to settle on a compensation amount and not to argue about who was responsible. Additionally, there is no point in arguing about responsibility because the defense is obviously going to accept liability. You already won that battle, now you have to let it go. Both sides know that arguing about responsibility would be a waste of time, and both parties will focus on arriving at a mutually acceptable compensation amount.

Therefore, when negotiation discussions are taking place, do not be surprised if your lawyer is not focusing on blaming the person or party who has caused you injury. Your lawyer will be trying to get you the best settlement possible under the circumstances for you. You should support them in this endeavor.