It is impossible to predict with certainty what will happen when you reject a settlement offer in your Kona, Hawaii personal injury case. Every case is different, and every defendant will approach the negotiation process in their own way with the help of Kona Personal Injury Attorneys.
In some cases, you might receive a counter offer. In others, you might be told that negotiations are finished for good. Rejecting an offer carries risks, but it is important not to settle for an inadequate amount.
The good news is that you do not have to make challenging choices on your own. The attorneys of Olson & Sons are prepared to negotiate on your behalf and guide you when making these critical decisions. Reach out today for a free consultation to learn more.
Some Defendants Will Keep Negotiating
In many personal injury cases, defendants and their insurance companies are motivated to resolve these cases quickly. This is most common in situations where there is little doubt about who was at fault for the accident. In these cases, rejecting an offer might simply result in the other side making a better one.
This is especially true early on in the process. Insurance companies are known for making low-ball offers to kick off personal injury negotiations. Their hope is that a case will settle for a fraction of its true value before the injured party can recognize what the case is truly worth.
That is why it is so important to rely on the guidance of legal counsel during your personal injury case. The right attorney could review the facts of your case before advising you on if a settlement offer is reasonable or not.
Some Parties Will End Negotiations in Kona
There are times when rejecting a settlement offer will bring negotiations to a halt. This can happen when the other side has made it clear their offer is their best and final. However, the other party can simply walk away from the negotiations at any point and for any reason.
It is important to remember that the insurance companies and defense attorneys are not bound by their word when they say they won’t negotiate further. If you reject their “final” offer, they are within their rights to come back to the table at any point.
In fact, it is not uncommon for personal injury settlements to play out this way. Both sides will posture regarding the strength of their case, and one side or another might walk away for a period of time. However, most personal injury cases are ultimately settled one way or another.
There are Different Ways to Reject an Offer in Kona
Not all rejected offers are treated the same because not all rejections are the same. The way you respond to the other side could set yourself up for success in future negotiations or decrease the chances of a deal down the road.
Outright Rejection
In some cases, an attorney will simply reject a settlement offer outright. They will not agree to the terms of the offer, nor will they submit a counterproposal of their own. One problem this approach can bring is that it can stifle further discussion of a resolution in the case. Without sending a counteroffer, the other side might feel making another offer on their own is essentially negotiating with themselves.
Counteroffer
Many personal injury lawyers will make a counteroffer instead of rejecting a settlement offer outright. This often involves coming down from the full amount demanded from the defendant initially.
There are benefits to making a counteroffer. Giving the other side a sign of compromise, it can spur negotiations and possibly lead to a settlement. It can also signal to the defendant what amount you might actually be willing to resolve the case for.
Counteroffers are not always the best option, however. This is true when negotiations have been ongoing. At some point, a settlement offer is simply not enough to cover all of the plaintiff’s damages. Our firm could advise you on when it is best to avoid making a counteroffer.
Talk to Kona Personal Injury Attorneys To Discuss Your Options
There is no way to know how the other party in a Kona, Hawaii personal injury lawsuit might respond to a rejected settlement offer. Some people might come back to the table with a better offer. Others might pull the offer back and demand a trial.
The Kona Personal Injury Attorneys at Olson & Sons are ready to help you get the most out of your personal injury settlement. To discuss how we approach the settlement process, schedule your free consultation today.