Can I Settle My Own Personal Injury Case in Bloomington?

What Is the Process of Settling a Personal Injury Case?

Settlement is an agreement between two parties where the offending party, or his or her insurance company, pays the other party, and in return, the innocent party does not take the matter to court. Most cases settle to avoid the chance of an unfavorable ruling and to receive payment quickly. A settlement can happen at any stage up until trial, but the process typically looks like this:

The Accident Occurs

When a personal injury occurs, several things should be done. You should offer reasonable assistance to injured people and collect evidence at the scene. This includes swapping insurance information with others, gathering witness contact details, and taking photos of hazards. Notify the relevant authorities so they can attend the scene and prepare an accident report.

You should seek medical treatment to identify and treat your injuries. Keep copies of all medical bills and records to document your injuries for future compensation claims. Wait until you reach maximum medical improvement (MMI) before determining the full value of your claim. In some cases, hiring an attorney may be necessary, depending on the complexity of your situation. If your matter warrants an attorney, you should hire one as soon as possible.

Investigate and Calculate Damages

An attorney for accident cases will conduct an initial investigation, guide you through filing a car insurance claim, communicate with the insurance company, and gather evidence to demonstrate the extent of your injuries. Your personal injury lawyer will interview you to gather information about the accident, injuries, and medical treatment. You should provide complete and accurate information during this interview.

Your attorney will also collect all medical records and bills related to your injury and calculate the total value of your losses, including economic losses like medical expenses and lost wages and non-economic losses like pain and suffering. This evidence will help support your claim and determine the compensation you may ask for.

Send a Demand Letter

After gathering the necessary evidence for your case, your attorney will send a demand letter to the responsible party, his or her insurance company, or his or her attorney. Typically prepared by an attorney, a demand letter includes:

• Important facts related to the issue.
• The nature and severity of your injuries and damages.
• A declaration of who is at fault.
• The amount of compensation you are seeking.
• Non-monetary compensation you are seeking, such as repairs.
• A notice of intention to initiate legal action if compensation is not received by a specified deadline.

Negotiate

After sending the letter, the at-fault party or insurance company will respond. They may accept your demand and settle, make a counteroffer, refuse the claim, or not respond. If the offer or counteroffer is accepted, the matter is settled. If not, negotiations begin, or the court process can be initiated. If you retain one, your attorney will negotiate for maximum compensation, which can take weeks to months, depending on the case’s complexity and the insurer’s willingness to settle.

Accept a Settlement Offer

After reaching an agreement with the at-fault party’s insurance company, you must sign a settlement agreement and a release form. The release form states that you won’t pursue additional legal action regarding your injury in return for the agreed compensation. It’s crucial to have your attorney review this document to ensure you understand the terms and conditions.

Receive Payment

After agreeing on an amount, a final payment will be authorized. You will receive your payment once by sign a release. After signing the release form, the insurance company will initiate the payment process. In Illinois, insurance companies must disburse the settlement amount within 30 days of receiving the signed release. If you have an attorney, the payment will be directed to their offices. They will deduct their agreed-upon fees and costs and issue the remaining balance to you.

Depending on the terms of your agreement, you may receive your payment as a lump sum or structured settlement.

What Factors Should You Consider Before Settling Your Own Case?

If your case is uncomplicated, you may be able to receive fair compensation without legal representation by adhering to the appropriate process. When determining whether to engage a personal injury attorney, several factors should be considered:

• The severity of your injuries. In this situation, the consequences are significant. If you lack appropriate legal representation and fail to make a successful claim, the repercussions could have long-term effects on you. Additionally, having an attorney to advocate on your behalf can increase the likelihood of making a substantial claim. The greater the value of your claim, the more advantageous it is to have a lawyer.
• How straightforward liability is. If there is a dispute about liability, it is unlikely that you will receive a fair settlement offer without legal representation. As the plaintiff, you are responsible for establishing liability in a personal injury claim. While liability may be clear in some cases, it can be more complex in others. A lawyer can review your case, conduct investigations, and establish liability against negligent parties.
• How straightforward your damages are. Your damages must be clear and uncomplicated to avoid receiving a low settlement offer from the insurance company.
• Settlement negotiations are floundering. Sometimes, an insurance company may refuse to make a settlement offer that meets your expectations. In such situations, having legal representation can be beneficial, as a lawyer is well-versed in negotiating with adjusters and can leverage the threat of a lawsuit. This often prompts the insurance company to improve the settlement offer.

Before deciding when to hire a personal injury lawyer, consider the time commitment for learning the claims process, your confidence in gathering evidence and negotiating, and at what point your claim becomes too serious to handle alone.

What Are the Benefits of Hiring a Personal Injury Lawyer to Settle Your Case?

While you can settle your personal injury case in Illinois, perhaps the better question is – should you negotiate your settlement?

Research shows that having a personal injury attorney improves your likelihood of receiving compensation for injuries and other damages. 91% of individuals with legal representation received a payout, compared to only 51% of those who handled their cases without a lawyer. If you are concerned about how much a personal injury lawyer costs, most charge a percentage if they win on your behalf. Some advantages of engaging a personal injury lawyer are:

Negotiation Skills and Higher Settlements

Experienced personal injury lawyers are skilled at negotiating with insurance companies and opposing attorneys to secure higher settlements. Their experience can ensure that you receive fair compensation, as they understand the true value of your claim and are prepared to fight for it. Without a lawyer, you may receive lower settlements or even have your claim denied.

Access to Resources and Expert Witnesses

A personal injury attorney has a wide range of resources, including access to expert witnesses, investigators, and medical professionals. These individuals are crucial in strengthening your case by providing important testimonies and evidence. For instance, a medical professional can assist in establishing the severity of your injuries, while an accident reconstructionist can illustrate the details of the accident.

Without these professionals, it can be challenging to gather the necessary evidence to support your claim. A personal injury attorney can facilitate connections with the appropriate professionals and ensure that all evidence is presented.

Maximizing Compensation and Identifying All Damages

A personal injury lawyer can help identify all damages you’re entitled to, such as medical expenses, lost wages, and pain and suffering. He or she ensures you pursue full compensation, which self-represented clients might overlook, potentially resulting in a lower settlement. Hiring a lawyer can help you receive the maximum compensation for your injuries.

Filing a lawsuit

Will your personal injury case go to trial? If all other attempts to resolve your claim are unsuccessful, you can initiate legal action against the insurance company to seek compensation. You will need a lawyer to file a personal injury lawsuit at this stage. If you have received a personal injury from someone else’s negligence? Contact us at Strong Law in Bloomington to find a personal injury lawyer who can assist you in seeking compensation.