Detailed answer — practical, step-by-step guidance under North Dakota law

1. Pause and evaluate — don’t reply emotionally

When you receive an offer that is much lower than your demand, pause. A quick emotional rejection or an angry reply can close off negotiation channels. Instead, treat the offer as data: it shows the other side’s thinking, their perceived risk, or their negotiation approach.

2. Re-check the factual and legal basis for your demand

Before you counter, confirm the facts and the law that support your number. For typical civil claims in North Dakota, consider:

• Documented economic damages (medical bills, lost wages, repair estimates).
• Non‑economic damages (pain and suffering). These are subjective—support them with detailed notes, testimony, or photos.
• Liability evidence (police reports, witness statements, photographs).
• Any applicable deadlines (statutes of limitation) that could affect leverage.

3. Understand applicable procedural leverage — offers after suit

If you have already filed suit, North Dakota’s civil procedure includes tools that change the incentives to settle. For example, Rule 68 (Offer of Judgment) allows a party to make a formal offer that can shift costs and fees if rejected and a worse outcome follows. Learn how Rule 68 works and whether it applies to your case; the North Dakota rules of civil procedure are available from the North Dakota Courts: https://www.ndcourts.gov/legal-resources/rules/rules-civil-procedure.

4. Prepare a reasoned counteroffer — justify your number

Don’t just state a new number. Send a counteroffer that explains the reasoning and attaches or refers to supporting documentation. A clear counteroffer generally includes:

• A specific monetary figure or structured-payment proposal.
• A short explanation of your damages calculation (economic + non‑economic components).
• Key evidence points that establish liability or stronger damages (photos, records, witness names, expert summaries).
• A deadline for response and the consequences of no response (e.g., you will file suit, proceed with mediation, or make a Rule 68 offer).

5. Use negotiation tactics that keep momentum

Effective tactics when the opponent anchors very low:

• Anchor back with a supported number (don’t mirror the low anchor).
• Offer to trade non-monetary terms (shorter release language, narrower confidentiality, payment schedule) to narrow the gap.
• Use objective benchmarks (medical bills, repair estimates, or published fee schedules) to shift the argument from opinions to facts.
• Set time-limited concessions to create pressure (e.g., “I will reduce my demand by X if you respond by [date]”).

6. Consider mediation or neutral evaluation

Mediation can be very effective when offers are far apart. A neutral mediator helps identify realistic settlement ranges and can suggest creative solutions like structured settlements, lien resolution methods, or apportionment of attorney fees. Courts and private mediators in North Dakota widely offer these services.

7. Protect your future rights in any settlement

If you settle, the written agreement should clearly state:

• Scope of the release (who and what claims are released).
• Payment schedule and conditions of payment.
• Responsibility for liens (medical providers, Medicare/Medicaid, worker’s comp subrogation).
• Confidentiality, if any, and tax allocation language (e.g., allocation between taxable and non‑taxable damages).

Because liens and subrogation often reduce the net recovery, you should identify potential lienholders early so you can resolve or negotiate those claims as part of the settlement.

8. Know when to hire counsel

Hire a licensed North Dakota attorney if:

• The offer is far below your demand and the case involves significant damages.
• There are complicating factors: medical liens, potential punitive damages, multiple defendants, or insurance bad‑faith issues.
• You feel unsure about release language, tax implications, or whether the amount offered fairly compensates you.

9. If an insurer’s offer seems unfair — possible extra steps

When dealing with an insurer, document all communications. If the insurer’s conduct seems unreasonable (for example, systematic low-ball offers or refusal to investigate), an attorney can evaluate whether extra legal remedies exist under North Dakota law. Those remedies depend on facts and sometimes statutory or case-law standards; consult counsel before accusing bad faith in writing.

10. Practical sample counteroffer language

Use clear, neutral wording. Here’s an example you can adapt:

Thank you for your offer of $X. Based on medical records, lost wages of $Y, and non-economic damages supported by the attached documentation, a fair settlement is $Z. I am willing to consider a resolution in the range of $Z minus $A if we can resolve (specific issue, e.g., medical lien allocation or confidentiality) by [date]. If we cannot reach agreement, I will consider mediation or pursuing the claim in court. Please respond by [date].

11. When a low initial offer is a negotiation tactic

Recognize that an extremely low opening offer is often an initial anchor to test your response. Respond with a supported counteroffer and continue to build the record. If the other side refuses to engage in reasonable bargaining, alternatives include filing suit (to create leverage), requesting a mediator, or making a formal Rule 68 offer (if appropriate after filing).

Helpful Hints

• Keep all communications written whenever possible; preserve emails and letters.
• Quantify damages clearly: economic damages are easier to prove and collect than vague non‑economic claims.
• Know your BATNA (best alternative to a negotiated agreement): the expected outcome and costs if you go to trial.
• Use objective evidence (invoices, medical reports, photos) to move negotiations away from emotion.
• Check for liens early (medical providers, Medicare/Medicaid, health insurers) so you know the likely net recovery.
• Be cautious about accepting the first “final” offer; ask for written confirmation of all settlement terms and full releases.
• If you make concessions, get something in return; avoid unilateral reductions in demand without reciprocal value.
• Deadlines help — set reasonable response dates to keep negotiations moving.
• If you are represented, let your attorney lead negotiations unless you are experienced; a lawyer can draft release language and handle lien resolution.