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Following an injury resulting from a liable party’s negligence, victims and their loved ones should be able to recover total compensation to help with the recovery process and hold that party accountable for their actions. When seeking compensation, most personal injury cases will go through the insurance claims process with the liable party’s insurer.
Learn more about personal injury settlement negotiations in Chicago, including how they work and why it’s best to work with an attorney to handle this process.
There are certain aspects you can expect when negotiating a personal injury settlement in Chicago. The following are generally how settlements will go.
Many personal injury cases begin with a demand letter from the victim that outlines the details of the case. A good demand letter will establish the liable party or parties responsible, the nature of the victim’s injuries, and any available evidence before proceeding with negotiations.
Another critical step entails documenting all economic and non-economic damages resulting from the liable party’s negligence. These damages can include everything from medical bills and lost income to pain and suffering and trauma.
It can be difficult to prove liability and that negligence resulted in your injuries and other damages, which is why claimants need plenty of evidence to support their claims during negotiations. There are many potential pieces of evidence that could help support a claim, such as:
When negotiating with insurers, it’s important to avoid accepting the initial offer from adjusters. Oftentimes, the initial offer is far lower than what the case is actually worth, and accepting this offer could keep claimants from pursuing further compensation. Instead, it’s best to continue making counter-offers until the claimant reaches a potential settlement that matches the damages.
Each of these aspects can be difficult to navigate alone, especially if the claimant is unfamiliar with the claims process. Having an attorney could help with gathering evidence, proving liability, calculating damages, and seeking a fair settlement.
Another crucial element of personal injury settlement negotiations to consider is the statute of limitations. Like other types of civil cases, personal injury claims have a time limit before victims are no longer able to pursue compensation. The statute of limitations varies depending on the type of case and the state.
Under Illinois statute 735 ILCS 5/13-202, injury victims have two years to file a claim before they’re unable to seek compensation. Failure to file on time could keep individuals from getting the compensation they deserve as their case expires.
Want to succeed with a personal injury claim and recover total compensation from liable parties? Having an experienced personal injury lawyer by your side could help. We can help clients navigate personal injury settlement negotiations in Chicago, increasing their chances of recovering total compensation with counteroffers throughout. Reach out to McCready Law today to discuss a potential claim in a free consultation.