If you’ve been injured in a car accident or other type of incident in Illinois, one of the first major steps toward resolving your personal injury claim is writing a settlement demand letter. This letter is usually sent to the at-fault party’s insurance company and outlines things like your damages and the amount of compensation you are requesting. While you can technically write and send this letter yourself, having an experienced personal injury lawyer in Chicago draft or review it often leads to better results.
To go into a little more detail, your demand letter should clearly describe how the accident happened, identify the responsible party or parties, list your injuries and treatment, and specify your financial losses. You must also include evidence supporting your claim, such as medical records and proof of your lost wages.
In short, this letter is your opportunity to show the insurer that your claim is likely to succeed and worth the amount you’re requesting.
What Are the Key Parts of a Settlement Demand Letter?
A strong demand letter is well-organized, detailed, and factual. While each case is different, most settlement demand letters in Illinois include:
- A brief summary of the accident: Explain how and when the accident happened and who was at fault.
- A description of your injuries: List every injury you suffered, along with other pertinent details like the treatment you’ve received and will continue to receive.
- Documentation of damages: Attach copies of any records you might have that demonstrate your financial losses.
- An explanation of your pain and suffering: Describe how your injuries have impacted your daily life, including emotionally and mentally.
- A demand for a specific dollar amount: Close your letter by stating the total compensation you are requesting.
At the least, it is almost certainly worth your time to have an attorney review your letter before sending it to the responsible party. Otherwise, you could walk away with much less compensation than you are entitled to under the law.
Illinois Law and Settlement Negotiations
Illinois follows a modified comparative negligence law with a 51% bar to recovery. This means that if you are found to be more than 50% at fault for the accident, you cannot recover damages. If you share less than 51% of the blame, your recovery will be reduced by your percentage of fault.
Insurance companies often use comparative fault to reduce payouts, so your letter must show that the other party’s negligence caused your injuries. This is another reason why it may be in your best interest to hire a lawyer to help you through this process.
Contact an Illinois Personal Injury Lawyer for Help With Your Settlement Demand Letter
A well-written settlement demand letter can set the tone for your entire case and significantly affect your financial recovery. If you’ve been injured in an accident and are preparing to seek compensation, speak with an Illinois personal injury lawyer as soon as possible.
At Meyers & Flowers, we offer free consultations and work on a contingency fee basis, so we only get paid if you do. Contact us today by calling (630) 232-6333 or by messaging us online to get started.