Settlement Amount for Herniated Disk Injuries

[ncmel]

I have a friend who was injured on the job in June 2003. He sustained a cervical herniated disk and is in a lot of pain all the time. He tells me the Insurance company is ready to settle, to pay for his surgery and to have it done. But so far, his lawyer has not communicated with him in the last couple of months and has come to him with any dollar amount the company is willing to pay. He doesn't want to consent to the surgery unless the company give's him a "fair" settlement amount. The problem is, he wants to get an idea of what "fair" is. He doesn't want to settle for less than he's entitled to. His case is going on a year now, and he's experienced depression, anxiety attacks, you name it. Does anyone out there have any advice on this PLEASE. We're in California if that helps any.

[anon]

Most likely your friend will not be able to settle until he has the surgery and therapy (if required) needed. If the surgery turns out well - there may not be a settlement if he can return to work.

If he is looking for a settlement BEFORE surgery - if he doesn't have open medical and he needs surgery - it will probably come out of his pocket or his private insurance will have to pay for it.

If he needs the surgery - then he shouldn't even be thinking about and settlement - YET.

Good luck to him.

[anonymous]

Can't have a "settlement" unless or until the injury is Permanent & Stationary and the disability rated. As long as the surgery issue is undecided I doubt the doctor will state maximum improvemnt has been reached and provide a rating.

[angel]

Injured in June 2003, in pain, has an attorney, and hasn't had surgery yet and wants to know how much he gets before he's treated.

Probably the atty hasn't communicated with him because perhaps he's thinking what I'm thinking.

Hmmmmmmmmmmm

If I were the employer/adjuster/carrier, I would be VERY suspicious of this claimant and have surveillance on them.

JMHO

If you're really injured, you want to get better, first and foremost and shouldn't be concerned with money padding your pocket.