Results 1 to 5 of 5

Thread: Court Date

  1. #1
    Join Date
    Mar 2009
    Location
    long island new york
    Posts
    6

    Default Court Date

    HI every one,iam going to court on Tuesday.I have my doctors all saying total disable,the Ime also saying iam 100% and that iam unemployable my DOI is 2/2007.I have fusion on L-4 L-5 also C2-C3,C3- C5,iam 53 and no education i have been a truck driver for over 30yrs, i take pain pills all day long ,also pain patch,iam worried about my court date and what can possibly happen to my pay and benefits,any in site would be great iam so worried,thx

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Court Date

    without knowing the issues that are being decided and the evidence that will be presented it's impossible to predict an outcome.
    whatever is decided either party can appeal so there may not be a complete resolution of the dispute.
    hopefully there have been attempts to settle the claim before the court is forced to intervene. there is still time for last minute negotiations or even a postponement if there is a good chance for a settlement.

  3. #3
    Join Date
    Mar 2009
    Location
    long island new york
    Posts
    6

    Default Re: Court Date

    Lawyer call me to say i didnt have to go to court,nothing is changing although he told me that the insurance company wanted to see if i want to settle.My lawyer told them no,he wants to wait to make sure i dont need any more surgery first.The other thing he said was no need to go back to court unless the insurance company wanted to try and cut my pay or medical,so iam happy. You just dont know how court will go.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Court Date

    As there is no cap on TTD in NY, there isn't really any incentive for the IW to settle out the claim.
    As long as "disability" is certified by your Dr, wage loss benefits are due.
    As I recall, and of course your atty would know best, no reason to go to court, unless the carrier opts to force an issue, like changing your benefits. Your atty can usually avoid that anyway.

    As you have Dr reports indicating 100% disability, there may be other physical capacity issues that would qualify you for SSDI benefits. Even if your atty wants you to wait to apply, IMHO, you should not accept that advice, and apply for SSDI disability benefits now. As you have been disabled since 2007, and due to your age being over 50, you shouldn't have much difficulty in receiving a favorable decision from SSA. The longer you wait, the more you stand to forfeit valuable cash benefits.

  5. #5
    Join Date
    Mar 2009
    Location
    long island new york
    Posts
    6

    Default Re: Court Date

    Thanks Biva,iam on SSD also,what i didnt know was no cap on TTD in NY.this is what i was worried about.

Similar Threads

  1. After Depositions . Court Date?
    By Mnkybiznes in forum Tennessee
    Replies: 0
    Last Post: 01-24-2009, 07:47 AM
  2. When Will I Get A Court Date
    By lbbumba in forum Tennessee
    Replies: 1
    Last Post: 07-27-2007, 06:19 AM
  3. Court Date Set
    By ricardo in forum California
    Replies: 18
    Last Post: 02-04-2006, 04:03 PM
  4. Waiting For A Court Date
    By james in forum Tennessee
    Replies: 1
    Last Post: 12-21-2005, 10:49 AM
  5. Why Does It Take So Long To Get A Court Date
    By nucpwr in forum Nebraska
    Replies: 0
    Last Post: 06-12-2004, 04:57 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer