Negotiating A Personal Injury Claim Settlement: 3 Ways To Establish Nature And Extent Of Medical Treatments Required

When filing a personal injury claim, you can expect the other party to reach out and try to work out a settlement with you in most cases. In fact, 95% of all personal injury claims and lawsuits are settled before trial. The responsible party will throw out some numbers during the settlement to compensate you for both economic and non-economic losses; however, you don't have to take the first number they give you. Your personal injury lawyer will work to build a strong case in order to negotiate a better settlement for you. While there are many aspects that can be challenged, establishing nature and extent of medical treatments required in the future can help you request for a larger sum to cover your economic losses. Here are 3 ways your attorney can do so.

Provide Details on Medical Treatments and Medications Recommended

The other party may not fully grasp the severity of your injuries and may simply provide you with a standard sum that is offered in situations similar to yours; however, if the number that you're given doesn't sit well with you, your personal injury attorney will look into the type and – most importantly -- cost of medications and medical treatments recommended for the future. They will take the expected cost and compare it with the compensation offered.

Depending on the severity of your injuries, you may require more extensive medical treatments, or you may wish to try a more expensive medication known to be more effective. The details of the options that you've been given will be provided to the other party, and your attorney will argue why the medical treatments and medications you've chosen are suited to your needs. This can be a good starting point for negotiating a higher settlement for economic losses.

Show Proof of Desire to Recover with Ongoing Treatments

The other party may not be willing to pay you a large sum for economic losses if they do not believe that you will be using that money in the future to obtain the medical attention you need. To show good faith, your personal injury attorney will request that you provide medical documentation that can prove that you have been making an effort throughout the entire time to recover as quickly as possible. Being able to prove that you were not negligent in receiving ongoing treatment can shine favorably on you in court.

It may also convince the other party to increase the amount they are offering to cover. This is because the courts tend to favor the injured party. If you can show that you were not negligent in getting treatment that resulted in worsening your condition, you will have a better leg to stand on.

Medical Testimony on How Injuries May Progressively Worsen

As you age, your body simply won't work like it used to. Although you may be able to tolerate the pain or discomfort of certain injuries at this time, the injuries may inevitably worsen. In the future, you may require more medical treatments or medications in order to get by. For example, if you have permanent pain from an accident, you may develop a tolerance to the analgesics you've been recommended, and you might be expected to need a higher dosage or to switch to a more expensive medication with time.

Medical testimony from your acting physician regarding how they believe your injuries will unfold, and the amount of extra care you'll need can also help you negotiate your settlement. Your attorney might even want to point out that your physician will be willing to testify on your behalf in court in order to prove that you have a solid and strong case.


Don't settle until you've reached a number that you're happy with, and until you know that the settlement you've been offered will sufficiently cover your medical expenses and additional needs in the future. Your personal injury attorney, someone from a place like Bendell Law Firm, can help you build a strong case in order to better negotiate terms, conditions and more.