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Handshake of AgreementChicago Injury Attorney Offers Settlement Tips

If you are involved in a personal injury lawsuit, then you may be surprised to find out that a large volume of personal injury claims never go to court. Instead, the vast majority of these claims are settled outside of the courtroom (about 92 percent of the time). During the settlement negotiation point of your case, your attorney and the defense team will discuss possible settlement amounts. As the injured party, you have the final decision – whether you choose to accept the settlement or not. If your case is not resolved during these settlement talks, it will then move on to trial.

Tips for Better Settlement Negotiations

Settlement talks are negotiations; therefore, you need to be prepared before you enter the room. Sometimes, negotiations are done back and forth between your lawyer and the defense’s lawyer, while at other times they are done during mediation. Regardless of when and where your talk begins, consider the following to make it as efficient as possible:

  1. Separate what you need from what you want. This is a critical step in negotiations. While you may think that you deserve a certain figure, the reality is that personal injury claims are based on true damages. Therefore, you will need to have a bottom line – which covers what you need.
  2. Understand what the other side wants, too. You will want to know what the defendant wants to help your negotiations. By understanding what they are looking for, you can bargain a better settlement for yourself, and possibly even reach a deal.
  3. Know what is a fair settlement. This is the most important step in any negotiation: Fairness. You need to know what you want out of the deal, and you should be able to walk away from settlement talks feeling as though you were given an adequate amount of compensation.
  4. Determine the alternatives. If you cannot reach a settlement during negotiations, your case will likely go to trial. You will need to decide if going to trial is going to yield a better outcome, and if holding out is worth it for your case.
  5. Listen. While you may want to sit and talk, you will get further in negotiations if you stop and listen to what is being said. You can learn a lot by listening to what the defense has to say – and you can learn even more by identifying what they are not saying.
  6. Watch your tone and emotions. While settling a personal injury claim is an emotional process, you cannot allow your emotions to take over the negotiation process. You could say things that you may regret, and if you let the conversation get too heated, you could accidentally hinder the settlement progress.
  7. Have an attorney present. The best way to get what you want from settlement talks is to have a skilled negotiator by your side. An attorney can help you identify what is fair, the adequate amount of compensation that you need, and explore alternatives with you so that you can enter negotiations prepared.

Speak with a Chicago Injury Attorney Today

If you have been seriously injured in an accident, then you will want an attorney there to represent you during negotiations. Contact the attorneys at Malman Law today. We offer free consultations, and we work as our clients’ advocate to ensure that they receive the compensation that they deserve for lost wages, medical costs, pain and suffering, and more. Schedule your consultation now by calling us at 888-307-2051. You can also ask a legal question online via our website contact form.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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