Statistics will show that an auto accident claim will rarely go all the way to court. Most claimants and their auto accident lawyer in Chicago area avoid this time consuming and expensive course and come to a settlement out of court.
You are only given one chance at getting a satisfactory settlement so having an experienced Chicago auto accident lawyer is of the utmost importance. A season attorney will present your case to the insurance company with a detailed demand letter and will be prepared to enter into follow-up negotiations.
The demand letter:
The demand letter will be prepared by your auto accident attorney in Chicago and will contain all the facts and the circumstances surrounding the accident and subsequent medical treatment. The demand letter sets the stage for negotiations to begin in earnest, with the purpose being to get the best possible settlement. This is the best opportunity the plaintiff has, other than in court, to present a compelling and strong case to the insurance company.
The demand letter will recite the events that led up to and during the accident. The letter will provide detailed information on medical treatment and a complete account of all expenses including lost wages. The demand will be for compensation in excess of what is typically accepted, but this gives you and your attorney room to negotiate.
After the initial offer:
Soon after the insurance company receives your demand letter they will reply, making their initial offer to settle. You can expect the insurance company to come back with an offer less than what you are seeking and a good lawyer will advise you to present a counter-offer.
After declining the offer, the letter will state the reason why the offer is not acceptable. The letter will state the reasons why the offer is not accepted and may not include an amount that compensates you for pain and suffering. The response will remind the insurance company of your key demands and suggest a counter offer. You can expect these negotiations to go back and forth for some time until an acceptable offer is received.
If the negotiations break down the parties will often submit to mediation where a neutral party is asked to facilitate a settlement. In many cases the mediator will be a lawyer who is seasoned in settling or trying injury cases. Often the mediator will see the case through fresh eyes and have an all new perspective by pointing out the strengths and weaknesses of the arguments of both parties and encouraging them to settle amicably.
