Negotiating Your Personal Injury Settlement

Negotiation is all about positions (the what) and interests (the why).

  • What do you want?

  • Why do you want it?

These are both questions that you should ask yourself before you go to negotiation. Knowing “the why” and being able to explain it well will help you get “the what” that you want.

At negotiation you will be able to discover and discuss the positions and interests of the other party. By doing so, it is often easier to “split the orange.”

Splitting the orange refers to an old story:

Two chefs were arguing over an orange. Each wanted the orange. However, one chef explained that he wanted the rind for his recipe, and the other chef explained that he wanted the pulp for his recipe. After discovering this, the two chefs were able to reach a satisfactory solution to their problem: one took the rind, and the other took the pulp. Everyone got what they wanted, but only after explaining why they wanted the orange in the first place.

Although solving a personal injury accident is not as simple as splitting an orange, the principle is the same. Each party has their own positions and interests. By recognizing both positions and interests, a satisfactory settlement can be reached.

Negotiation is particularly advantageous when each party takes responsibility for their actions and is willing to compromise with the other side. After all, at some point, you must forgive, forget, and move on with your life.

If you or your loved one has been the victim in a personal injury accident, you may be considering whether to hire a lawyer. You may want to review the settlements McMinn Law Firm has achieved for clients.