I just sent over a demand for settlement proposal (WorkComp) to the defense attorney and she is aware of me wanting to settle.

Asked 8 months ago - Springfield, IL

How long TYPICALLY does it take for the defense attorney to respond with a counter offer or an answer, days, weeks or could it take longer. Thank You

Attorney answers (8)

  1. Leonardo Morales Jr.

    Contributor Level 5

    7

    Lawyers agree

    Answered . I am not sure why in the world you would want to settle without an attorney because you are almost guaranteed not to get a fair compensation without legal representation. Someone without the legal knowledge doesn't know that there are certain tactics that attorneys use - one of them being not letting your opponent know that the client wants to settle since the defense attorney will either give a lowball offer and wait until the client accepts (the client is in need of the money).

    Settlement negotiations can take months, even a year or more. I urge you to contact an attorney immediately.

  2. Michael Lebovitz

    Contributor Level 9

    7

    Lawyers agree

    Answered . There is no set time

    This information should not be construed as legal advice on any subject matter. It is not intended to solicit... more
  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . No way to know. Every case, every attorney, every insurer, every injury...all are unique.

    There is no way to know what the isdues are in your case.

    Give it a month or so and follow up. Don't forget to file an application within the time limit if not already done.

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . In Illinois, you are almost guaranteed to get less money in a WC settlement, without an attorney. Yes, I do mean EVEN AFTER you pay the attorney fees. The only real question is whether you will forfeit a small amount of money or a large amount. What is you demand based on? What is the range of settlement for your injury? What if NO offer is forthcoming? The employer has NO obligation to settle. If you cannot answer these questions, call an experienced WC attorney.

    Find an experienced Workers' Compensation attorney here on AVVO through the "Find a Lawyer" tab above. Attorneys on AVVO want to help you but are NOT permitted to solicit your business. YOU must contact them.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  5. Jason Andrew Marker

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . I does not sound as though you have an attorney representing you. If that is true it is going to be harder for you to settle the matter with the insurance carrier - not only for a reasonable amount, but within a reasonable time.

    As many of the attorneys here have indicated, there is no set rule on how quick a carrier should get back to you after a settlement demand is made as there are so many factors. I would simply say that if you don't have an attorney, the carrier is more likely than not to drag the case out and not make an offer because there is not really much you can do about it.

    If you have an attorney representing you, the carrier is more likely to move the case. The attorney can also file a motion (or at least indicate they will if they receive no response within a reasonable time). So, for all of the other reasons attorneys have indicated you would be better off with an attorney, it would also help you move the matter quicker to conclusion no doubt.

    Feel free to give a call to one of the attorneys on this site who is experienced in workers' compensation. They will all offer a free consult and I'm certain an attorney would be able to obtain you more via settlement than you could by doing it alone.

    Good luck,

  6. Peter Vlantis

    Contributor Level 6

    4

    Lawyers agree

    Answered . I would like to add that in Illinois, workers' compensation settlements must be approved by the comp commission. Therefore, in addition to the time you will wait while negotiating your settlement, there will also be another delay in waiting for the contract to get approved, and then ultimately getting paid by the carrier.

    As far as the actual value of your settlement, since you have already tried to negotiate a settlement, you should consult with an attorney after the insurance company makes you an offer. An attorney will then will be able to take your case and either tell you they think the offer is fair. If an attorney does take your case, they would only be allowed to take a fee on any money they get you above the offer you received. So, there is really no risk/cost for you to do so.

  7. V. Jonas Urba

    Contributor Level 13

    5

    Lawyers agree

    Answered . The side that can't wait almost always loses. State law limits the percentage that a work comp lawyer can take from your settlement (it's no-where near the 1/3 or 40%+ that personal injury lawyers can charge).

    If you retained a workers compensation lawyer to help you then he/she would be able to negotiate for you without sounding desperate. We know you need the money. The fact is that you will probably not get anywhere near what a skilled comp lawyer would get you, even after you pay him/her a small percentage. I have absolutely nothing to gain by telling you this - I am not licensed in your state, am not getting any referral fee from any lawyer you hire. It's for your own good.

  8. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . What is a "demand for settlement proposal?" Are you asking them to make you an offer? Or did you make them an offer?

    EIther way, you are probably not going to maximize the value of your claim by doing it this way.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more

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