Why the first number is rarely the real number
Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.
Several liability: each defendant pays their own share
Vermont uses several, not joint and several, liability for negligence claims. Under 12 V.S.A. § 1036, where recovery is allowed against more than one defendant, each is liable for the proportion of the total award matching their own causal negligence relative to all defendants' combined causal negligence — not the full amount regardless of their individual share.
Why this matters at the negotiating table
In a claim involving more than one at-fault party, this structure means collecting the full value of the claim may require pursuing recovery from each defendant separately, rather than relying on a single well-insured defendant to cover the whole amount. A settlement offer from just one defendant's insurer should be weighed with that in mind — it may represent only that defendant's proportional share, not the full value of the claim.
An exception where fault doesn't reduce recovery at all
Since 2024, this fault-apportionment framework doesn't apply at all to a negligence claim relating to a sexual act or sexual conduct — fault isn't a defense in that context, so there's no proportional reduction to negotiate around for that specific type of claim.
The baseline still applies
None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.