What strategies should I use to negotiate a personal injury settlement following my car accident in Pennsylvania?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

1. Understand Comparative Negligence in Pennsylvania

Pennsylvania follows a modified comparative negligence rule, meaning you can recover damages only if you are less than 51% at fault. Your award is reduced by your percentage of fault. See 42 Pa.C.S. § 7102 (link).

2. Gather and Organize Evidence

  • Police and Accident Reports: Obtain the official crash report to establish basic facts.
  • Medical Records: Document injuries, treatment plans, and prognosis to support your damages.
  • Photographs and Videos: Capture vehicle damage, visible injuries, and scene conditions.
  • Witness Statements: Secure signed statements or recorded interviews from bystanders.

3. Accurately Calculate Your Damages

Include both economic and non-economic losses:

  • Economic Losses: Medical expenses, rehabilitation costs, lost wages, and property damage.
  • Non-Economic Losses: Pain and suffering, emotional distress, and loss of enjoyment of life.

Use a spreadsheet or damages calculator to itemize each cost. Having clear numbers strengthens your negotiating position.

4. Prepare a Demand Package

Before formal negotiations, send a written demand letter that includes:

  • Statement of Facts: A concise narrative of how the accident happened.
  • Liability Argument: Cite evidence and applicable law, such as the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §§ 1701–1799.4 (link).
  • Damage Itemization: Attach medical bills, repair estimates, and wage statements.
  • Settlement Demand: State a reasonable dollar amount and a deadline for response (e.g., 30 days).

5. Leverage Pre-Suit Mediation or Arbitration

Pennsylvania courts and insurers often encourage early mediation. Voluntary mediation can spotlight liability issues and expedite a resolution. Check your insurer’s internal guidelines and the local court’s mediation programs.

6. Negotiate Strategically

  • Anchor Your Demand: Start with a slightly higher figure to allow negotiation space.
  • Counter Offers: Respond promptly to offers. Reiterate strengths of your case when declining lowball offers.
  • Use Deadlines: Impose reasonable time limits to encourage timely responses.
  • Highlight Risk: Emphasize the uncertainty and cost of going to trial, especially if fault is disputed.

7. Know When to Walk Away

If settlement offers fail to cover your non-economic losses or medical costs, be prepared to proceed to litigation. Filing within Pennsylvania’s two-year statute of limitations for personal injury (42 Pa.C.S. § 5524) preserves your rights ( CALL a Pennsylvania Personal Injury Attorney

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.