Countering a Low Insurance Settlement Offer State that the offer you received is unacceptable. Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim. Re-state an acceptable figure. Explain why your counteroffer is appropriate, including the reasons behind your general damage demands.
Use Mr./Ms. last name for the initial email. When opposing counsel responds and signs off with a first name (e.g., "Nick"), use that going forward. ? To address a group of opposing counsel, go with "Counsel." If you find these tips helpful, please follow Nick Bullard and click the ? to get my next tip.
If they remain firm, you can politely ask them to reconsider or provide a final, best offer. This shows you're serious about negotiations while maintaining a collaborative tone. The key is to approach the discussion diplomatically and focus on highlighting your value rather than making demands.
The following guidelines can help you settle out of court and reach creative, mutually beneficial resolutions to your disputes, with or without lawyers at the table. Make sure the process is perceived to be fair. Identify interests and tradeoffs. Insist on decision analysis. Reduce discovery costs.
Date letter sent Your name, printed Your street address. Dear : Print name of the other party's lawyer (opposing counsel).
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. Don't be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Don't Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
A clear statement of your complaint. This should be towards the top of your letter and should lay out exactly why you are dissatisfied. For example, if you believe the lawyer has lied to you, clearly state that you believe they have been dishonest. An easily understood statement of facts that back up your complaint.