DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF ILLINOIS
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Illinois ZIP]
Telephone: [Phone]
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Adjuster Name]
[Insurance Company Name]
[Street Address]
[City, State ZIP]
RE: SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Loss: [Date of Accident]
Your Insured: [At-Fault Driver Name]
Claim Number: [Claim Number]
Dear [Adjuster Name]:
This firm represents [Client Name] regarding the motor vehicle collision on [Date] in [County] County, Illinois.
I. ILLINOIS-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under 735 ILCS 5/13-202, the statute of limitations for personal injury is two (2) years.
B. Modified Comparative Negligence (51% Bar)
Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. Plaintiff cannot recover if more than 50% at fault.
C. No Damage Caps
Illinois does not cap compensatory damages in personal injury cases. Prior caps were ruled unconstitutional. Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997).
II. STATEMENT OF FACTS
[Describe collision]
III. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Pain and Suffering | $[Amount] |
| TOTAL | $[Amount] |
IV. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Illinois ARDC No. [Number]
ILLINOIS PRACTICE NOTES
☐ 51% Bar Rule: Barred if more than 50% at fault
☐ No Damage Caps: Full compensation available
☐ Punitive Damages: Require showing of willful and wanton conduct
☐ Joint and Several Liability: 735 ILCS 5/2-1117 - Several liability for defendants <25% at fault
☐ Seat Belt Evidence: 625 ILCS 5/12-603.1 - Not admissible