Most auto accident injury claims never go to trial. In fact, the vast majority are resolved through settlement negotiations between the injured party (or their attorney) and the at-fault party’s insurance company. While that may sound simple, the negotiation process can be complex, and the outcome can have long-lasting effects on your financial and physical recovery.
Understanding how settlement negotiations work and what’s at stake can help you make informed decisions as you navigate your injury claim.
Why Settlements Are the Norm
There are several reasons why both sides usually prefer to settle. Trials are expensive, time-consuming, and unpredictable. A fair settlement can save everyone time and money while offering a degree of control over the outcome. For injured individuals, a settlement can also bring faster closure and help them move forward without waiting months—or even years—for a court date.
But while settlements offer practical benefits, they also carry risks. Once you agree to settle, you typically give up your right to pursue further compensation related to the accident. That’s why it’s so important to get it right the first time.
The Insurance Company Isn’t on Your Side
One of the most common misunderstandings about settlement negotiations is the role of the insurance company. Their job is to minimize their financial liability, not to ensure that you receive full and fair compensation. That means they may offer a quick payout that seems helpful on the surface but doesn’t account for long-term medical costs, lost income, or the pain and disruption the injury has caused.
If you accept a low offer too soon, you may be stuck covering future costs on your own. A strong legal advocate can push back, gather evidence, and build a claim that reflects the actual value of your injuries and losses.
Maryland Law Adds Unique Pressure to Settlement Talks
In Maryland, the concept of contributory negligence plays a significant role in auto accident cases. Under this strict legal rule, if you’re found even 1% at fault for the accident, you may be barred from recovering any compensation at all. That gives insurance companies strong motivation to argue that you share some of the blame, whether it’s fair or not.
During negotiations, they may use this rule as leverage to justify a lower offer. A skilled attorney will anticipate these tactics and be prepared to counter them with facts, documentation, and a clear understanding of Maryland law.
One Overlooked Benefit of Settlement: Privacy
Something that doesn’t get talked about enough is how private settlements can be. Unlike a trial, where your case becomes a matter of public record, settlements are typically confidential. For individuals who value discretion—especially in complex or emotionally charged cases—this can be a real advantage.
Confidential settlements allow people to resolve their claims without exposing the details to employers, business contacts, or the general public. It may not be the first thing you think of, but for many, privacy is a matter of concern.
Bottom Line: Don’t Go It Alone
Settlement negotiations are more than just back-and-forth conversations. They involve strategy, timing, and a clear understanding of your rights and future needs. When handled properly, a fair settlement can provide the support you need to heal and move forward.
If you’ve been injured in a car accident, you don’t have to handle the insurance company alone. The attorneys at Shugarman & Mehring understand how to approach settlement negotiations strategically and compassionately. Let us help you pursue the outcome you deserve—so you can focus on recovery, not red tape.
ShugarmanMehring
Phone: 