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  1. #1
    Join Date
    Jul 2012
    Posts
    28

    Default Lawyer Pressuring Me to Settle

    My workers compensation claim was made in the State of: RI

    My attorney is pressuring me to settle my complex injuries case. He hasn't come right out and said what amount WC is offering, maybe because he knows I won't settle for anything less than including WC covering my permanent injuries for life. The only thing he says is money is the only thing on the table. Is there a reason why he won't tell me the amount? Or is he simply feeling around, hoping to see IF I will settle for anything less than including medical? I'm afraid to be frank with him at this point. While he has been very good to me and is more aware of the complex details of my case than the last two lawyers ever were, I can tell he's getting frustrated with the whole thing. It's very trying having to explain all the pertinent details every time we go to court. People keep getting lost in them--even I keep getting confused! Everyone always ends up cranky by the end.

    So, can he force me to settle? Are attorneys known to be as effective and willing to fight for you if they know their payout might be less than they hoped for with this lifelong medical included?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Lawyer Pressuring Me to Settle

    Why wouldn't an attorney what the most money in a settlement? The more you get, the more in fees awarded.
    Some claims are extremely complex... there is little to no incentive for the carrier to cash out any remaining indemnity you may be due, leaving the medical exposure open. If there is a feeling you need more extensive care, they'd like to cash out the entire claim.
    Your atty may not have rec'd a firm offer of a cash settlement, if there is, he'd be obligated to tell you exactly what is on the table.
    No...you cannot be forced to take a cash settlement. Not by attys or the court.

    You cannot force a cash settlement and leave the medical open. That's a negotiation tool... the very reason it's called a "compromise", you agree to some of the terms, so does the defense. They expect you to "release" them and the ER for any further liability for this claim. C&R... Compromise and Release.

    Your atty apparently feels it's in your best interest to have a frank discussion... why wouldn't you be open and up front with your legal representative about your wishes in settlement of your claim. That's why you have an attorney.

  3. #3
    Join Date
    May 2010
    Posts
    343

    Default Re: Lawyer Pressuring Me to Settle

    Quote Quoting farmlove View Post
    My workers compensation claim was made in the State of: RI

    My attorney is pressuring me to settle my complex injuries case. He hasn't come right out and said what amount WC is offering, maybe because he knows I won't settle for anything less than including WC covering my permanent injuries for life. The only thing he says is money is the only thing on the table. Is there a reason why he won't tell me the amount? Or is he simply feeling around, hoping to see IF I will settle for anything less than including medical? I'm afraid to be frank with him at this point. While he has been very good to me and is more aware of the complex details of my case than the last two lawyers ever were, I can tell he's getting frustrated with the whole thing. It's very trying having to explain all the pertinent details every time we go to court. People keep getting lost in them--even I keep getting confused! Everyone always ends up cranky by the end.

    So, can he force me to settle? Are attorneys known to be as effective and willing to fight for you if they know their payout might be less than they hoped for with this lifelong medical included?
    No one can force you to do anything!...... The more the settlement the more he makes!.....You need to sit down and talk to to him....your asking questions not one person here could answer?

  4. #4
    Join Date
    Jul 2012
    Posts
    28

    Default Re: Lawyer Pressuring Me to Settle

    I've already been through two lawyers who tried to force me to settle quick. My case IS difficult, I admit, with three surgeries caused by ER negligence and two new conditions resulting from the injuries. Seems they get overwhelmed by my case and want out (cut their losses and run?) One even tried insisting I agree to pay any court costs if he lost after I developed the first permanent condition resulting from my injury! When I inquired of my present lawyer (who was highly recommended) if that was typical procedure and legal, he almost went ballistic. So I fired the last one, hired him, he applied for WC to take responsibility for this new condition and won hands down, literally within 2 minutes. I haven't worried about my case since--until now that he's making the same noises as the last two did. Settle! For what? I feel I haven't gotten satisfactory care from them yet!

    I'm certainly not the one who wants to settle. HE is hinting around about it.

    Meanwhile, I go back to work in between because they tell me I have to, yet am in constant searing pain so bad I can barely walk the next day. Meds only take the edge off for a few short hours while working. Then I must take FMLA days out, so haven't worked one entire week since returning to work. I can't languish for a year waiting for disability to kick in! My landlord wants payment, not excuses. If money is super tight now, how is it going to be having no income for a year or longer? I wish there was a way that I could admit I can't keep working with this debilitating pain any longer, then go out on WC until disability kicks in. My lawyer tells me if I do? My ER will surely fire me for being unable to do my job and I lose everything.

    "Compromise and Release...." No. I'm not releasing them from covering my injuries. They get worse every year resulting in increasingly more complicated and specialized medical care which I don't have the money for---and pay living expenses at the same time. Forget it. Maybe to him its the money, but to me its not. It's protection for the future. At least my medical bills are covered by them.

    "Your atty apparently feels it's in your best interest to have a frank discussion... " Then why doesn't he simply come right out and say so? I'm not a difficult person to get along with. I don't bother my attorney with incessant questions, drama, etc. Why would he be doing this?

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