Chicago, IL asked in Personal Injury and Insurance Defense for Illinois

Q: When do I send out my demand letter?

I’ve spoken with the other party’s insurance adjuster haven’t signed anything or given a recorded statement. Just given him a few pieces of my medical records pertaining to this injury. I am still have ongoing medical treatment. I have no attorney I’m handling this insurance claim all by myself. I was in a slip & fall incident. Broke my right ankle. Had surgery.

3 Lawyer Answers
Steve McCann
Steve McCann
Answered
  • Chicago, IL
  • Licensed in Illinois

A: You generally send out demand letters once your treatment has been completed. That said, you are doing yourself an immense disservice by not having an attorney represent you, especially considering the severity of the injuries you described. You will never receive a fair offer unless you are represented by an attorney.

That being the case, I recommend you stop everything you are doing, and consult with an attorney individually. Many of us offer free consultations, and will represent you on a contingent basis, so you will not need to pay anything out of pocket to obtain the representation and guidance of an experienced professional. In addition, an experienced attorney will likely be able to negotiate an increased settlement that is far in excess of their fees, so it truly is in your best interest to consult with an attorney as soon as possible.

Drew Ball agrees with this answer

Drew Ball
Drew Ball
Answered
  • Chicago, IL
  • Licensed in Illinois

A: I am sorry to hear about your injury and hope you are feeling better. That said, I would strongly discourage you from trying to handle this yourself. Insurance companies do not take unrepresented individuals seriously. You should stop everything you are doing, do not contact the relevant parties or the adjusters, nor make any other statements about the matter until you are represented or at the very least speak with an attorney directly. Also, I recommend acting quickly, as you have a limited amount of time to file a lawsuit should it be necessary to get you the full compensation you deserve.

Many of us offer free consultations, so it will not cost you anything out of pocket to organize all of the relevant documentation, and consult with an experienced attorney. After a review of the details, we can advise as to the best course of action moving forward.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: I generally send out a demand letter after my client has completed all of their medical care and with the letter I would enclose or attach a list of all medical providers with the amount of their respective bills. I would also enclose or attache with the letter all of your related medical records and proof of lost time from your work. If you have photos of the place where you were injured that may help your cause, include those as well. I would not give a statement to an insurance adjuster if asked. I would also recommend and in fact urge you get some legal advice even if you are committed to handling your case on your own. Insurance companies delight in paying much less when an injured party makes such a claim without legal representation.

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