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  1. #1
    Join Date
    Mar 2009
    Posts
    3

    Default Final Stipulation Demand Letter

    I am going to close my open comp cases with my former employer and there insurance carrier is requesting a " Demand Letter " for the amount I request and the reasons why. I had an attorney who was worthless and I have since severed our relationship. He was to write this letter for the past year and did not do it. Unfortunately I have never seen one and have no idea what info needs to be included. I was hoping someone can give me info as to the format or where I can find info. I googled for info but no luck. I don't want to hire another attorney when I am at the end of the case. Thanks and good luck to all.

  2. #2
    Join Date
    Dec 2007
    Posts
    775

    Default Re: Final Stipulation Demand Letter

    It is possible that the original attorney has already place a lien on the file. You may have to deal with any fee due him as part of the settlement process.

    Attempting a settlement on your own may not be the best idea. There are many issues to consider. Most laymen would find themselves over their heads.

    Another option might be to consider hiring an attorney for the purposes of settlement only and negotiating the fee in advance to limit it.

  3. #3
    Join Date
    Mar 2009
    Posts
    3

    Default Re: Final Stipulation Demand Letter

    Thank you for the info. I have already attended an informal hearing for the former attorney fee's. He has relinquished all claims to the settlement and any future claims. I have spoken to an attorney who looked over the file and has suggested a figure that he feels is fair. He said I should be able to close the case with out any representation. The former employer is ready to settle as am I. It appears that it is just the formality of entering the proper paperwork. Sorry should have included this info on the first post.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Final Stipulation Demand Letter

    The ER/IC is asking for a 'demand' letter because if they make an offer, it may be high/low to your expectations....and they don't want to tip their hand as to their thought process... if you state your figure first, they'll know about where they stand to what it is going to cost them... if you can, let the ER/IC make the first move.

    States vary, in Calif, the statutes require a MSC/Mandatory Settlement Conference... in civil/tort cases this is a "Status Conference'' where the parties meet to determine if discovery is complete...and the ER/IC makes the offer to settle the claim informally...the IW/AA is relieved to the problem of making the first move.

    In most/many claims where the CA/DA requests the IW make the first move... the 'demand letter' has a tendancy to 'sit' for quite a while.

    Your case is basically worth the remaining PD indemnity due for your rating...and the SWAG of future medical...''Scientific Wild Ass Guess'' (which is a valid WC term...) FMT is based on the treating physicans final report and his/her projected future need.
    That's about all there is in a WC settlement... not much negotiation where the parties are reasonable.

  5. #5
    Join Date
    May 2007
    Posts
    104

    Default Re: Final Stipulation Demand Letter

    If you dont know what you're doing, dont do your own demand letter. Go hire another lawyer. If you do it yourself you will either aim too low or too high and never achieve a fair result. Attorneys, like plumbers, get paid, because we know how to do what others dont.

    If you try and fix your own leak you will likely end up with a flood.

    Jim

  6. #6
    Join Date
    Dec 2007
    Posts
    775

    Default Re: Final Stipulation Demand Letter

    Nice to see you back around Jaspell.

  7. #7
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Final Stipulation Demand Letter

    Hi...I ask the question but never get a straight answer.

    Question: I have a settlement offer on the table. I was told that the going rate for a settlement is half of the PPD weeks. Is this true??? I was told by someone on a WC help line that the going rate is actually 2-3 times the number of PPD weeks.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Final Stipulation Demand Letter

    I'm not sure what you mean by the "going rate"?
    generally the going rate is whatever you can get. I would think it would depend on what type of case you have and what you mean by settlement.
    are you just trying to get your future disability payments up front or is there a dispute on your impairment?
    Last edited by .SH; 07-01-2009 at 11:37 AM.

  9. #9
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Final Stipulation Demand Letter

    Let me see if I can clarify...sorry I am a bit confused myself...lol
    First, my PPD rating was 10% of which I already received my 20.8 weeks compensation.

    I was offered a $15k settlement and this includes:
    50% of 20.8 weeks, that is 10.4 weeks in cash plus future medical expenses plus some outstanding bills, totals the $15k. The ic lawyer told my the "50% of the PPD rating is the going "OFFER" rate they use in order to determine a settlement figure. Not sure if this is true so I am askin what if any is the usual calculation/rate used to in a settlement?

  10. #10
    Join Date
    May 2007
    Posts
    104

    Default Re: Final Stipulation Demand Letter

    Anthone, were you able to settle your case?

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