Hurt in an accident in Illinois? You have the right to seek compensation for the full extent of your damages through a personal injury claim. Financial recovery may be available for your economic losses and your non-economic damages. Only a small share of personal injury cases ever go to trial. Far more are resolved through settlement. At Kennedy Watkins LLC, we fight to help injured victims secure the most favorable settlement agreement. Here, our Chicago personal injury attorney offers five tips to negotiate for the best personal injury settlement.
Five Tips to Negotiate for the Best Personal Injury Settlement in Chicago
- Start Negotiations With Professionally Drafted Demand Letter
As the injured victim, you should be prepared to open up settlement negotiations with a proactive approach. A demand letter is a great tool to help move a personal injury claim towards settlement. Indeed, a well-drafted demand letter is often at the foundation of successful personal injury settlement negotiations. Among other things, it sets the tone, summarizes your claim, and demonstrates the seriousness of your case. Within your demand letter, you should include a clear outline of liability, a detailed description of your injuries, and all supporting evidence—such as medical records and accident reports. Your demand letter should also specify the compensation needed to resolve your claim. Your Chicago personal injury lawyer should draft and send the letter.
- Focus on Establishing Liability
To hold another party legally responsible for your accident, you must prove that they bear liability. Illinois is a fault-based liability state (tort state). With that in mind, strong evidence is needed to prove that a defendant is responsible for an accident. The more evidence that you have, the better positioned that you will be to get justice. Evidence in a personal injury claim in Chicago can take many different forms, including police reports, witness statements, photographs, and video footage.
Under Illinois law (735 I.L.C.S. § 5/2-1116), a modified comparative negligence standard applies. Every percentage point of fault matters. You should never accept or admit any liability as part of settlement negotiations. It is important to avoid liability. For example, imagine you suffered $50,000 in damages in a motor vehicle crash in Chicago. However, you are held liable for 20 percent of your own accident. Under Illinois law, your settlement would be reduced by 20 percent ($10,000).
- Thoroughly Document Your Damages (Economic and Non-Economic)
Bringing a successful personal injury claim is about more than proving fault, you also need to establish your damages. To negotiate effectively, injured victims should be prepared to show a comprehensive record of all damages. Economic damages include things like medical expenses, lost wages, and property damage. Non-economic damages cover things like pain, suffering, and emotional distress. Both types of damages can be sought through a personal injury claim. You should be sure to keep detailed records of bills, pay stubs, and repair estimates. For non-economic damages, consider maintaining a pain journal to document the impact of the injury on your daily life. A well-documented case leaves little opportunity for the opposing party to dispute losses.
- Be Patient—Settlement Can Take Time in Complex Cases
One of the most common strategies used by insurance companies in personal injury claims is to pressure the victim into accepting a quick, lowball settlement. While it is understandable to want to get a case resolved as quickly as possible, a patient approach to personal injury claims can help to strengthen your negotiation position. Remember, insurers often rely on claimants’ impatience to push for a quick resolution at a lower amount. You should be prepared to wait for a fair offer—especially in complex cases with serious damages or multiple parties involved.
- Work Through Your Personal Injury Lawyer
Neither defendants nor insurance companies will look out for your best interests after a serious accident. Even your own insurance company cannot be relied upon to put your needs first. It is imperative that you have a top-tier Chicago personal injury lawyer on your side after a serious accident. The best tip for handling personal injury settlement negotiations is to work through your Chicago personal injury attorney. Your lawyer can help you value your claim accurately, identify all liable parties, and handle communications with insurers. All personal injury claims should be handled on a case-by-case basis. An attorney can help you develop the right strategy for your specific situation. You need justice and the maximum financial compensation.
Be Proactive: Two Year Statute of Limitations for Personal Injury Claims in Illinois
Personal injury claims are time-sensitive. If you do not initiate your personal injury lawsuit before the deadline runs out, you could be denied an opportunity to pursue financial compensation through a formal legal claim. Be proactive. There is a two year statute of limitations for personal injury cases in Illinois. Very narrow exceptions are all that apply. Protect your rights by speaking to a Chicago personal injury lawyer right away after a serious accident.
How the Chicago Personal Injury Lawyers at Kennedy Watkins Can Help
Hurt in a bad accident in Chicago? You need compensation to pay your bills and support your family. As personal injury settlement negotiations are complicated, it is imperative that you have experienced legal representation. At Kennedy Watkins LLC, our Chicago attorneys are always prepared to go the extra mile to fight for justice for injured victims. With a proven history of verdicts and settlements, we are here to represent you in settlement negotiations so that you can secure the most favorable outcome in your case.
Contact Our Chicago Personal Injury Lawyers Today
At Kennedy Watkins LLC, our Chicago personal injury attorneys provide solutions-focused advocacy to injured victims. You deserve the maximum compensation after a bad accident. If you have any questions about negotiating for a personal injury settlement, we are here to help. Call us now or get in touch with us online for your free, no obligation initial case review. From our Chicago office, we represent injured victims in Cook County and throughout the surrounding region in North Illinois.