Asked 4 months ago - Chicago, IL
FlagPlaintiff, Pro se wants to write formal letter for settlement demand. Any sample, temple form?
It's not only too broad a question to answer, but it's essentially what lawyers do for a living. We write these on a fact-specific basis, tailored to the peculiar needs of a client in a given situation. In a forum like this, we answer generic questions, but something like this requires a lot of individual attention and that's what we get paid for.
We cannot tell you how to practice law. If you are looking for sample letters, go to a law library and read. You chose to be pro se. That choice does not give you the right to free legal advice from those of us who spent a lot of time and money attending law school and building a practice. If you can part with a little money, hire a lawyer to draft a letter for you.
Analyze your claim for legitimacy. Document your damages. Calculate what you want to get. Send letter to opposing side. If offer is satisfactory, settle. If not, counter will a "slightly" lower offer. Wait until the opposing party says that it the most they will give. Accept, or file a pro se lawsuit.
The best thing you can do is to have a reasonable expectation. If you total your Toyota, the insurance company won’t replace it with a Rolls Royce. Likewise, if your claim is for a stiff neck, you probably won’t settle for anything close to $1 million.
Bottom line, if you are reasonable, cooperative and direct, chances are you will not have many problems negotiating most insurance claims. If you can take a collaborative approach – work to overcome the shared goal – resolving your claim may be a rather pleasant experience, and you will not feel at risk. Many claims adjusters are just good people, who see their job as helping people
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