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Should I Accept a Settlement Offer if I’m Still Being Treated for My Injuries? 

injured person shaking hands with a business professional

A few weeks into your personal injury claim and you’re still seeing your doctors for treatment when you get contact by the insurance company with an offer to settle your case. You’ve been getting a lot of medical bills and have missed a lot of work while trying to recover from your injuries, so this sounds like good news, but should you take the offer? How do you know if you’re being offered a fair settlement? What makes an offer fair after a personal injury? Can you ask for more money later if your injuries get worse?

At Cooney & Conway, we help people injured by the negligence of other drivers, commercial property owners, corporations, and even private property owners recover the compensation they need. We have been advocating for injured victims throughout Chicago, IL for decades, and we can help you too. We know how insurance companies often rush victims into quick settlements before they have time to find out the full extent of their injuries. These early offers may sound good, but the fact is, accepting a settlement offer before you fully recover can leave you paying thousands out of pocket.

Not sure what your case is worth? Our team can review your case to determine your legal options and whether your initial settlement is a fair one. Your initial consultation is free – it costs you absolutely nothing. But it can help you make an informed decision that protects your future.

Call  Cooney & Conway for a free case review today. (800) 322-5573
We are ready to protect your right to compensation.

Is It a Good Thing That the Insurance Company Offered to Settle So Quickly?

No. A quick settlement offer is often not a good thing for the injured victim. Insurance companies often try to make early offers, but it is not an effort to get you the money you need sooner. These offers truly only benefit the insurance company. The real purpose is to protect their profit margin by paying you less than your claim is worth. They know most seriously injured victims need money as quickly as possible due to mounting medical bills and the loss of income if they are unable to work while recovering.

Adjusters know that injuries often worsen over time, and what seems like a minor back strain today may worsen and require surgery next month, followed by months of physical therapy. By settling your case early, they avoid paying for complications that develop later.

Insurance companies want to close your file before you talk to an attorney who understands what taking a quick settlement early on really means. The faster they get you to agree to an offer, the less they pay. It’s a business strategy designed to protect their profits, not your recovery.

Quick offers are red flags. Not sure about a settlement offer you’ve received? Call Cooney & Conway today. We can review the offer and help you understand the potential of your case —before you make a decision you can’t undo.

Should I Take the First Offer if I’m Still Getting Treated for My Injuries?

No. If you are still undergoing medical treatment, you are still generating more medical bills and cannot know what your total costs will be.

Medical expenses increase with every doctor visit, therapy session, test, and prescription refill. Your treatment plan might need to change based on how your body responds. You could end up needing costly procedures or referrals to specialists you didn’t anticipate at the start.

Lost income continues to mount if your injuries prevent you from working your regular hours or doing your job at all. Some injuries can take months or even longer to fully heal, and that typically means months without your normal paycheck.

Depending on the severity of your injuries, you may need additional help at home to help you with household tasks. Maybe you’re currently paying for that help or have family members helping you out. Personalcare, childcare, housekeeping, meal preparation, and transportation all have real value when you are unable to handle them yourself.

Ongoing pain and suffering matter too. The longer you deal with discomfort and limitations, the more it affects your daily quality of life.

Until your medical team says your condition has stabilized, you’re making a blind guess about what your injury will ultimately cost you. Insurance companies know this and count on you accepting less than you’ll actually need.

Maximum Medical Improvement (MMI) and How It Applies to Your Personal Injury

After an injury, you need to actively continue your treatment until you reach your “maximum medical improvement” – or MMI. During this time, you should not skip treatments – including physical therapy. You should also strictly adhere to your care plan and avoid any restrictions recommended by your doctor. Failing to do these things can slow your recovery or even make your injuries worse, both of which can delay or damage your claim.

What Is the MMI?

Maximum Medical Improvement (MMI) means your injury or condition has stabilized as much as your medical team expects. In other words, you have reached the point where doctors don’t expect any further significant improvement, even with continued care.

Does This Mean I’m Fully Healed?

MMI does not mean you’re completely healed or pain-free. It simply means your medical status is now predictable and unlikely to change dramatically. Reaching your MMI is the point when your settlement discussions for your Chicago injury claim should realistically begin.

Who Determines When I Reach My MMI?

Your doctor determines when you reach MMI, not the insurance company. Here’s what this milestone means for your injury claim:

  • Total Medical Costs Become Clear: Your attorney can calculate all your past treatment expenses and reasonably estimate any future care you’ll need.
  • Permanent Impairments Are Identified: Doctors can assess lasting limitations like reduced range of motion, chronic pain, or the inability to perform certain physical tasks.
  • Lost Earning Capacity Can Be Evaluated: If your injuries prevent you from returning to your previous job or working the same hours, experts can calculate the financial impact over your lifetime.
  • Settlement Value Becomes Calculable: Your attorney can accurately determine the full value of your case based on the total of your damages.

Accepting a settlement before reaching MMI means accepting payment based on incomplete information. Insurance adjusters may pressure you to settle early, but your medical reality should dictate the timeline, not their bottom line.

Types of Compensation You May Be Eligible to Recover

Personal injury settlements cover more than just your medical bills. Illinois law allows victims to seek compensation for several types of damages that reflect the full impact an injury has on your life.

Here are the main types of compensation you may be eligible to recover after being injured due to another’s negligence:

  • Medical Costs: These damages include all costs related to treating your injury, including emergency care, hospital stays, surgery, medications, physical therapy, medical equipment, and any future treatment your doctors may recommend.
  • Lost Wages: Lost of income resulting from injuries that prevented you from working, including sick days, vacation days you had to use, and time missed for medical appointments.
  • Lost Earning Capacity: Compensation for reduced ability to earn money in the future if your injuries cause permanent limitations that affect your career or force you into lower-paying work.
  • Pain and Suffering: The physical discomfort, emotional distress, anxiety, and reduced quality of life you experience because of your injuries and recovery process.
  • Loss of Enjoyment of Life: Compensation for activities you can no longer participate in or enjoy in the same way, like sports, hobbies, or time with family.
  • Property Damage: Repair or replacement costs for your vehicle or other personal belongings damaged in the accident.
  • Out-of-Pocket Expenses: Costs like transportation to medical appointments, household help you had to hire, childcare, and modifications to your home if your injuries require them.

Insurance companies often focus only on your immediate medical bills when making early offers. They hope you won’t think about everything else you’re entitled to recover.

What If I Already Accepted a Settlement Offer?

It depends on what type of acceptance you provided. If you only had a verbal conversation about settlement, you may still have options. Verbal agreements in personal injury cases are generally not binding in Illinois until you sign written documents and accept payment.

However, if you signed a release and received settlement money, your case is likely closed permanently. Written settlement agreements are legally binding contracts that are extremely difficult to undo.

Courts in Chicago, IL rarely allow people to reopen settled cases. You would need to prove fraud, duress, or a significant mistake that makes the agreement invalid. These situations are uncommon and hard to establish.

This is why we strongly recommend always having an attorney review any settlement offer before you sign or agree to anything. Once you accept payment and sign a legally binding release, you permanently give up right to seek any further compensation – even if your injuries worsen or new problems develop.

If you’re unsure whether your settlement is final, contact Cooney & Conway immediately. We can review  your situation, including any document you may have signed and assess whether any legal options remain available to you.

Red Flags to Be Aware of When Considering a Settlement Offer

Insurance adjusters use specific tactics to pressure victims into agreeing to a quick, but low settlement. An early offer can sound like a lot of money when you are getting hit with medical bills and are still recovering. But the long-term risk of accepting this type of offer is that it could end up costing you thousands.

Here are a few warning signs to help you avoid making a costly mistake:

  • Pressure to Decide Immediately: The adjuster pushes you to decide by saying your offer expires soon (today, tomorrow, etc. This pressure creates an artificial urgency to get you to decide before seeking legal advice.
  • No Explanation of Calculations: They provide a dollar amount without providing an explaination about how they valued your medical costs, lost wages, or other damages.
  • Discouraging You From Hiring an Attorney: They may claim a lawyer will just take your money or tell you the case is too simple to need legal help – but we don’t charge you anything up front. We accept injury cases on contingency, which means we take on the financial risk up front. We only get paid if you do.
  • Requiring Recorded Statements: The insurance adjuster asks you to give a recorded statement about the accident before you understand how your words might be used against you later.
  • Shifting Blame to You for the Accident: The adjuster suggests you share the fault to justify paying you less, even when liability seemed clear initially.

These tactics often used by the insurance company are exactly why you should speak to an experienced lawyer in Chicago first – and before you agree to anything or sign any documents.

Frequently Asked Questions About Personal Injury Settlements in Illinois

When should I not accept a settlement offer for a personal injury?

Never accept if you’re still receiving medical treatment, don’t understand the full extent of your injuries, or haven’t had an attorney review the offer. Also reject any offers that don’t cover all your damages, including lost wages, future medical needs, and pain and suffering.

Should I accept a pain and injury settlement?

Pain and suffering injury settlement is generally just one part of your overall claim. Do not accept an offer unless the amount fairly compensates you for your economic damages (medical bills, lost wages, future medical costs), as well as your non-economic damages (such as physical discomfort, emotional distress, PTSD). You should always have an attorney review a settlement offer before giving any verbal or written agreement to accept it.

How much do personal injury cases settle for in Illinois?

Settlement amounts in Chicago, IL vary dramatically based on the severity of your injuries, total amount of your medical costs, how much income you lost while recovering, and how the accident affects your daily qualify of life. No two cases are identical, so there is no meaningful average. Your specific circumstances determine your case’s value.

Should I negotiate a personal injury settlement?

Yes – most definitely. Insurance companies expect negotiation from injured victims who are represented by an attorney. They typically make low initial offers to victims before they have an opportunity to contact a lawyer. You are not obligated to accept the first offer they propose. If you need an experienced attorney in Chicago, we are prepared to negotiate effectively on your behalf to ensure the settlement offer aligns with the actual value of your claim and total damages.

Why Call Our Chicago Law Firm for Help With Your Personal Injury Case

Settlement negotiations have a significant impact on your financial future after an injury – especially if you sustained significant physical, emotional, and financial damages. Insurance companies have a business to protect – so that is their priority. This means their goals are not the same as yours. How can you protect your interests? You deserve knowledgeable representation working hard on your behalf to get you the full compensation you deserve.

At Cooney & Conway, our experienced personal injury lawyers in Chicago know how to evaluate injury claims accurately and negotiate for full compensation. When we represent you, we manage all the legal complexities of your case. We keep you fully informed, but deal with the insurance company directly to protect your rights, so you can focus on your health.

If you were injured because of another party’s negligent actions, you should not have to pay for the resulting damages. Let us help you recover the compensation you deserve. There are no upfront costs or fees to pay. We only get paid if you do.

When you have questions, we have answers.
Call our trusted Chicago law firm for a free case review today.(800) 322-5573

Kevin J. Conway

Kevin J. Conway is a leading mesothelioma trial lawyer and partner at Cooney & Conway, specializing in asbestos-related diseases, mass torts, and catastrophic injury cases. Recognized as one of the top 100 Trial Lawyers in America, he has secured billions in settlements for clients. A Fellow of the American College of Trial Lawyers and past president of the Illinois Trial Lawyers Association, Kevin is a trusted advocate for victims’ rights.


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