Posts tagged negotiation
How not to start a settlement letter.

Ninety nine percent of all plaintiff settlement/mediation letters begin with an iteration of this paragraph:

Dear Defense Attorney/Insurance Adjuster.  As you know, this office represents X who was involved in an incident involving your client/insured Y that occurred on DATE.  This settlement/mediation letter outlines our client’s claims and proves not only that your client/insured was solely liable for the incident; but the nature and extent of the very serious damages and injuries suffered by X.  We have evaluated this claim and extend an offer for you to pay policy limits of AMOUNT within 30 days.  If you need further information, please feel free to contact us.  If you do not timely respond, we will file a lawsuit/proceed to trial.

Where did this standard salvo come from.

Who decided (many decades ago) that this unimaginative cookie cutter approach was the best way to start a negotiation - your client’s first salvo.

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