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  1. #1
    Join Date
    Oct 2010
    Posts
    11

    Default Confusion on Asking Settlement Amount

    my lawyer told me to think of an amount and keep in mind. when we finaly get to court to try to settle with wc .i was diagnosed with 2 herniated lower lumbar disc permanent nerve damage to lower extremetys right leg with loss of reflexes,loss of feeling in genitals,chronic pain,and los of feeling in right arm and upper bulged disc thoratic i havent been exactly told my ppi rating and im gonna do closed case and settle out of future medical coverage due to hassle of wc thanks god my wifes insurance its gonna pick up my treatment when all is done and said.how do i even figure something like this any help would greatly be appreciated ball park and my wc injury was in indiana

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Confusion on Asking Settlement Amount

    so what are you paying your atty for....
    the single most critical decision in your claim is the settlement value and you are left high and dry without a clue.
    and having to come to a message board and ask total strangers who don't know a thing about your case.

    i think the best thing you can do is start looking for another atty.
    poor service shouldn't be tolerated let alone paid for out of your disability.
    Last edited by .SH; 10-28-2010 at 07:41 PM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Confusion on Asking Settlement Amount

    thanks god my wifes insurance its gonna pick up my treatment when all is done and said.
    Hopefully you have that in writing. Your wifes as well as any other GHP/Group Health Plan expressly exempts coverage for any work related injury.
    If you take money for future medical in your settlement, then allow the GHP to pay, you are lieing, and could be attempting to defraud the GHP to get benefits/treatment you are not entitled to. Don't assume the GHP is going to pay, regardless of who says what. GET this IN writing.
    im gonna do closed case and settle out of future medical coverage due to hassle of wc
    If you think you're going to close the claim by lump sum cash payment, you should get use to the idea of accepting what the ER/IC offers. You cannot force this kind of settlement, and won't get near the potential value of your claim.

    Without a PPD rating, it's not possible to estimate the value of any indemnity you may be due.
    Settlements are not based on the type of injury, or amount of treatment you may have. Indemnity is based on your loss of earning capacity, or ability to compete in the open labor market.

    If you'd provide your state, it may be easier for others to respond.

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,855

    Default Re: Confusion on Asking Settlement Amount

    Determining fair settlement value is one of the most important things your lawyer is supposed to help you with. If you have no faith in your lawyer, get a new one. Otherwise, make an appointment to see your lawyer and have this discussion with your lawyer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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