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Defense tactics in settlement negotiations

Defense attorneys and insurance companies representing trucking companies often use strategic tactics during settlement negotiations to minimize payouts or shift liability away from their clients.

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  • Truck Accident Law Team
  • 2 min read
Article 4 of 6 in Settlement and Negotiation/

Defense Tactics in Settlement Negotiations for Truck Accident Cases

1. Lowball Initial Offers

  • Defendants often start with very low settlement proposals to test the plaintiff’s willingness to compromise.
  • Strategy: Anchor negotiations at the lowest possible level.

2. Delaying Settlement Talks

  • Stretching out negotiations to pressure financially struggling victims into accepting less.
  • Tactics may include requesting excessive documentation or prolonging responses.

3. Disputing Liability

  • Arguing the truck driver was not negligent or that another party (plaintiff, third-party contractor, government entity) shares responsibility.
  • Attempting to reduce or eliminate payout obligations.

4. Challenging Damages

  • Claiming medical treatments were unnecessary or unrelated to the accident.
  • Downplaying pain and suffering or emotional distress.
  • Using defense experts to contradict plaintiff’s experts.

5. Using Comparative or Contributory Negligence Laws

  • In states with comparative negligence, defendants argue the plaintiff shares significant fault to reduce damages.
  • In contributory negligence states, even minor plaintiff fault may bar recovery entirely.

6. Confidentiality and Release Demands

  • Defendants may require broad confidentiality agreements to prevent publicity.
  • Settlement offers often include sweeping liability releases protecting multiple parties.

7. Threatening Trial Risks

  • Suggesting that a jury may award less than the settlement offer.
  • Emphasizing uncertainties in proving damages or liability.

8. Structured Settlement Proposals

  • Offering long-term structured payments instead of a lump sum, which may benefit the insurer more than the victim.
  • Plaintiffs must carefully evaluate the true financial impact.
  • Recognizing these tactics helps plaintiffs’ attorneys prepare effective counterstrategies.
  • Strong evidence and readiness for trial weaken the effectiveness of defense negotiation strategies.

Summary: Defense teams in truck accident cases commonly use delay, denial, and minimization tactics to reduce settlements. Plaintiffs who anticipate and counter these strategies are better positioned to secure fair compensation.

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Truck Accident Law Team

Written by : Truck Accident Law Team

Attorneys, investigators, and legal writers focused on U.S. trucking safety, litigation strategy, and victim advocacy.

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