Legal Question in Workers Comp in Illinois

Re: Settlement Initiation

There are no formulas. Each case is different and each adjuster works differently. What is common however is that the plaintiff's attorney, once the treatment has ended or that MMI has been reached, will put together all medical records and bills and all other items of damages, and writes a letter to the adjuster explaining 1) how the incident occurred, 2) why the defendant is responsible and 3) explain the nature and extent of the injuries and other damages. This is called a "specials package."

Some attorneys like to make a demand for settlement at this point. Some don't.

The insurance adjuster will get the package, evaluate the claim and see 1) whether there is liability and if so whether there are affirmative defenses available and then will have the medical records and bills reviewed.

Some third rate insurance companies such as State Farm or Allstate will feed the information into a computer and the computer will give them a number. They will then turn around and make an offer of about 1/3 of that number.

Some better insurance companies such as Geico will evaluate the case in good faith and will make an offer that usually is reasonable.

Once there is an offer on the table then serious negotiation can be made.

I hope this helps-

Nima Taradji