Cohen & Sinowski
Cohen & Sinowski

Mastering Negotiation Tactics in Pre-Litigation Personal Injury Cases in Georgia

  • Published: May 7, 2023

Common Defense Tactics, Fault, And Well-Defended Settlement Cases

Negotiation is an essential part of any personal injury case. It can help you get the compensation you deserve, and it’s also a way to avoid litigation altogether. Negotiation is a process through which two parties try to reach an agreement about something that they both want or need. In pre-litigation negotiations, this means coming up with a fair settlement for all parties involved in your case. The goal of these discussions is usually to avoid going to court by reaching some sort of compromise that satisfies everyone involved in the case without costing either party more than necessary or causing undue stress on either side’s clientele.

Understanding Georgia Personal Injury Laws

You should also be familiar with Georgia’s personal injury laws. For example, in certain circumstances, comparative negligence can be used as a defense against your client’s claim. This means that if you were partially at fault for your injuries and it reduced their value by more than 50%, then they may not be able to recover any damages at all–even if they were completely innocent.
The statute of limitations for filing a lawsuit in Georgia is two years from the date of injury or discovery of its cause; however, there are some exceptions where this time limit does not apply (such as cases involving minors or tolling of the statute of limitations). Click here for more on the statute of limitations. Additionally, some types of injuries have damage caps that limit how much money can be awarded for pain and suffering damages; these include spinal cord injuries resulting from car accidents or nursing home abuse cases where there is no physical injury involved but only emotional distress caused by negligent caregiving practices on behalf of staff members working at those facilities

Preparing for Negotiations

Before you can negotiate, you need to gather evidence and calculate damages. This is the most important step in preparing for negotiations. If you don’t have all of your ducks in a row before sitting down at the table, then there’s no way that your case will end well for either party involved.
Here are some things that should be done before negotiating:

  • Gather medical records from doctors
  • Collect police reports from law enforcement agencies
  • Get witness statements from anyone who saw what happened

Key Negotiation Tactics

  • Establishing rapport with the insurance adjuster. This can be done by using a friendly tone and being polite, but don’t be afraid to stand your ground when it comes to negotiating on behalf of your client.
  • Emphasizing the strength of your case. Provide as much information as possible about how much money is needed for medical treatment and other expenses related to an injury caused by someone else’s negligence or wrongdoing, including lost wages due to missed work days because of injuries sustained in an accident caused by another party’s negligence or wrongdoing (for example, if someone gets into an auto accident and breaks their leg). If there are multiple parties involved in causing injuries sustained during an accident (for example, two cars colliding head-on), then both parties may have some responsibility for paying damages resulting from those injuries; however, this doesn’t mean that all parties will necessarily be held equally responsible for paying damages! It depends on whether one party was clearly negligent compared against others who were not acting carelessly–and even more importantly: whether those other drivers had reasonable opportunity/ability at any given point during this particular incident where they could’ve stopped themselves from hitting someone else’s vehicle head-on instead… but didn’t do so anyway! So make sure before coming here asking questions like these ones: What did each driver do wrong? How much time elapsed between when each one started driving dangerously unsafely until impact occurred? How fast was each vehicle going when collision occurred? Who had right-of-way?”

Responding to Lowball Offers

  • Remain professional and composed.
  • Counter with a well-reasoned response.
  • Identify weaknesses in the adjuster’s argument by asking questions like: “How do you know that?” or “What is your evidence for this?” You may be surprised at what they have to say!
  • Provide additional evidence: If you have it (and don’t forget to document everything), sharing additional information with your adjuster can help strengthen your case and improve their initial offer.

Reaching a Settlement Agreement

Once you’ve reached an agreement, it’s time to draft a settlement agreement. This document should include all of the terms of your settlement, including:

  • The amount of money you are requesting from your insurance company and why it is reasonable (if applicable).
  • Whether or not there will be any additional payments made at a later date (such as medical bills).
  • How long before payment is due (typically 30 days).
    Once you have drafted this document and sent it back to your adjuster for review, make sure that he or she understands everything in it before moving forward with finalizing anything else in negotiations.

When to Consider Litigation

There are many factors to consider when deciding whether to litigate your case or settle out of court. Your attorney will help you weigh these factors and make an informed decision based on your unique situation.

  • Assessing the insurance company’s top offer: If the insurance company has already made its best offer, this can be a good indicator that litigation would be unlikely to produce a better outcome for you. In Georgia, insurance companies are required by law (O.C.G.A section 51-4-7) to provide you with more than just an itemized list of bills and expenses; they must also include information about how much money they think would be needed for appropriate compensation if your claim went forward in court as well as any other relevant information about their assessment of damages related specifically towards personal injury cases involving auto accidents such as yours.* Weighing risks/benefits associated with litigation: Another factor worth considering is whether or not it makes sense financially for someone like yourself who may not have access
    to large sums of capital or other resources necessary during litigation proceedings–especially if those proceedings could last longer than six months! This means thinking carefully before filing suit against another party because while there might be some upside potentials associated with winning such cases (e.,g., being awarded damages), there also exists significant downside risk too due primarily
    because most people simply aren’t prepared financially enough beforehand.”


Negotiation is an essential part of the pre-litigation process. An experienced Georgia personal injury attorney can help you maximize your settlement, but only if you’re prepared to negotiate effectively. Don’t leave your case to chance – trust the experts at Cohen & Sinowski to guide you through the negotiation process and ensure the best possible outcome for your case.

If you have any questions about this article or would like to speak with a lawyer about your case, please contact Cohen & Sinowski for a free consultation at (404) 351-8888. With our “No FeeUnless We Win” policy, you can feel confident knowing that Cohen & Sinowski will fight for your best interests every step of the way. Contact us to learn more about our services and why #localmatters when it comes to personal injury law.

Don’t wait any longer – take control of your personal injury case today by reaching out to Cohen & Sinowski for a free consultation. Click here Contact Us to get started on the road to recovery and justice.

Cohen & Sinowski

The personal injury attorneys of Cohen & Sinowski are
dedicated to helping clients in the Metro Atlanta area.
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