Today my lawyer called me and told me that he had sent in a settlement offer of 23,700 for a settlement on my injury. (Shoulder). I am 28 years old, with a 5% rating, no lifting over 15 lbs, no overhead work at all, can use hand for 15 minutes with 5 minute breaks afterwards. I also had a claim on my back, but it is rated at zero now with no restrictions.
First of all, he did not even consult with me prior to sending the offer. He just called up and told me he sent the offer. I guess I should have been happy. I was not. I wanted BARE MINIMUM 20,000 MY PART, I guess he got confused and thought I meant just 20 should be fine. He should have started the offer at like 40 or 50,000 and worked his way DOWN if you ask me.
I am in the process of finding out if my work is even going to have me back. I am working there now, but not sure how much longer it is going to last. They might let me go due to not being able to work within my restrictions. My lawyer lies to me. At first he said I would be due Loss of Earning capacity, now he is backtracking and saying that I don't qualify for it because it requires TWO injuries and I only have what amount to ONE to qualify for Loss of Earning Capacity. I don't like that he lies to me, CONSTANTLY. Which is it? One or two?
I at first told him yes after much pressuring on his part, he called me up while I was walking through Petsmart. After the fact about 10 minutes later I called him up and told him nevermind. he tried to tell me it was "too late he already accepted it" I replied back, nothing is too late until I sign on the dotted line!
I wrote him an email tonight and told him I want a hearing. I think my lawyer is scared to go to a hearing. He tried to scare me and told me I might only get 10% instead of the 25% they are offering now to close out the claim. I told him file the paperwork tomrorow I will come by and pick up my copy.
The thing is he is offering up my JOB (i will resign), plus ALL FUTURE medical with a clincher agreement, plus my rating etc. Literally this will be it, and I'm only getting around 15,000 after his 33% is taken out. Does this seem fair? You all think i could get more? My weekly rate is 317. I just recently started back at work, but not sure if it's going to work out. They might fire me. He told me if they fire me I won't get anymore if it's due to me doing something bad. Well I don't DO Anything bad. If they fire me it's because they cannot accomidate me. They are trying to decide. They created a special job for me when I came back, made up a job and put me in it, COMPLETELY different than what I was doing before. new job title and everything. Shouldnt I get loss of earning capacity? This was my dominant arm
---------- Post added at 06:05 PM ---------- Previous post was at 05:40 PM ----------
I read this and realized it is confusing. See he sent the offer, then called me after the fact. At first I was mad, then after he did some talking I reluctantly agreed to it. Within 2 minutes he called back and told me they had accepted it, the entire amount. Without any negotiating AT ALL. I asked him why was there no negotiating. He told me "when a lawyer is good they don't need to negotiate, they just guess the number" . Sounds like a crock of shit to me. I then told him that settlement amount was not enough for me, and then he hemmed and hawwed and said it was too late they had already accepted it. I told him it was not too late until I signed and the ink was drying. He had nothing to say to that. Does it sound like my lawyer is a liar to you all too? I wrote an email tonight demanding a hearing be filed to settle. I am tired of the games.