Negotiation

Step 3 of 8 · Our Process

When your treatment is complete, we organize every piece of evidence into a demand package that tells the story of your case and shows the insurance company what your claim is worth.

What goes into the demand package

• The police or CHP report, photos, witness statements and proof of who was at fault.
• Your medical records and bills, and your doctors’ opinions about future care.
• Proof of lost wages and any lost earning capacity.
• A description of how the injuries have affected your daily life, work, family and activities.

How damages are calculated

California law allows injured people to recover economic damages, such as medical expenses, lost income and property damage, and non-economic damages, such as pain, suffering, emotional distress and loss of enjoyment of life. Under California’s comparative fault rule, compensation can be reduced by any share of fault assigned to you, but it is not barred entirely.

Time-limited demands

In some cases we send a time-limited demand, which gives the insurer a set period to pay the policy limits. Since 2023, California law (Code of Civil Procedure §§ 999–999.5) sets clear rules for these demands. A properly made demand that the insurer unreasonably ignores can expose it to liability above its policy limits.

The back-and-forth

The insurance company will respond with an acceptance, a counteroffer or a rejection. Negotiations often take several rounds. We explain every offer, give you our honest recommendation, and you always make the final decision about whether to settle.

What you can do

• Send us any new bills, records or wage information as soon as you receive them.
• Tell us about ongoing symptoms or new treatment before we send the demand.
• Do not discuss the case directly with any insurance adjuster.