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Illinois Trial, Appellate and Supreme Court Lawyers – Wolter, Beeman & Lynch - Frequently Asked Questions
 
 

Will you try to settle out of court?

Absolutely we will attempt to settle your case out of court. Obviously, we normally cannot settle your case before your physician indicates you have reached maximum medical recovery, it becomes apparent that your recoverable damages exceed the insurance proceeds and/or ability of the responsible party to pay the claim, or that other factors exist which make an otherwise premature settlement offer appropriate. When the time comes to consider settlement we will total any medical bills, lost wages, property damage, and any other readily calculable damages you may have sustained and then meet or speak with you about a settlement demand. We will suggest to you what we think, based upon our experience is a fair and reasonable settlement demand considering the liability aspect of your case and all of the elements of damage you may have sustained. However, the settlement demand we ultimately make will only be made with your agreement. After you agree on the amount of a final settlement demand we will make a settlement demand from the insurance company for the at-fault party. You must remember in a “common law” claim the insurance company usually has no duty to settle with you. If we both ultimately determine the insurance company is being unreasonable, our only real option is to have a judge or jury determine liability and damage issues. This is where our firm differs greatly from some “settlement mills” that seldom, if ever, actually try a case. If our experience tells us that the insurance company is being unreasonable, we will not get a case of “cold feet”. Instead, we actually look forward to trying the case for you.


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