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  1. #1
    Join Date
    Oct 2018
    Posts
    1

    Default Lawyer Wants Me to Accept

    Fell off a roof 9 years ago (2009 ) had a back fusion and 2 knee replacements and everything that goes with it pt injections etc. I have nerve damage to my leg after the surgery back pain still and knees are shot. I have not worked since the fall. I have collected comp payments up to middle of 2017. We filled for social security lost / appeals went to Virginia and lost. Lawyer is still at a loss on how we lost.
    I got a call from my attorney that he received a settlement offer at 70% and medical for 390 weeks I'm 52 & cant do my job & that means I'll be about 60 with no income & injury coverage. My back doctor said the surgery will last 20 to 25 years and have to be redone.
    My lawyer says I should except the offer.
    I asked him to go back to ins co and ask for more the response he said was that's the best offer.
    Lawyer says there's a chance we can lose and get less -get the same result and me get deeper in dept - or hit it out of the ball park and win.
    My question is should I go to court?
    Is it really that risky?
    I been scratching & clawing over a year now and just not sure

  2. #2
    Join Date
    Oct 1971
    Posts
    5,056

    Default Re: Lawyer Wants Me to Accept

    Do whatever the lawyer advises, he knows the facts of your claim.
    That lawyer has no reason to low ball you - he get's paid a percentage of benefits obtained on your behalf.
    People always want more, you have to be realistic and take what you can get or lose it all.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Lawyer Wants Me to Accept

    Joespon, Your lawyer boned up your SS appeals because he didnt prepare you nor himself that the reason you are unemployable is due to your pain that you suffer. He should have advised you to get into a reputable pain ctr. and your pain should have been your #1 complaint. Also your chances of hitting your WC case "out of the park" is slim to none as hitting it out of the park includes proving again pain is why you are unable to be employed and your FCE test should have backed that statement up. Judging by the length of time you were on TTD tells me you may have been some sort of union worker with a physical job or one that had much repetitive motion in your job description. Now I am just guessing as we have never spoken 1 word to another, but I have seen a few dozen similar cases in the past with the same M.O. All this lawyer saw was 20% of all your award and if they pasted that law in NJ legislature that gives lawyers 20% of TTD benefits you may end up owing him your cash and by taking the 70% which is huge that guarantees all his fees will be met. Hopefully the employer has to pay some of his fees which leaves you more $$

    Unless your work agreement grants you a higher award for your % of impairment the best you could do with NJ bare bones law is the 2nd injury fund which pays you until you are able to earn the wages you were making at the time of your injury or till your death. 2nd injury pays 80% give or take a few bones of your working wage if it was below the state average, if it was then you can get 80% tax exempt.

    If you were on TTD for about 9 yrs then you may have maxed out all the available TTD the state allows under NJ law.

    So considering all I have written only you know how close I am to a bull's eye or off the mark completely.However without an SS determination Of TOTAL DISABILITY that means the State foots the whole bill and they like to deduct your SSDI off your SIF benefits and being a reverse offset state that is just how it works. From what little I see here I dont feel going for the homer hit out of the park is likely to happen, and it appears you are backed into a corner with only one way to go and Tony said right itg looks like the only way to save your butt is to go with your lawyer but ask him to wait b4 accepting the offer because if you appear to eager you may begin to see less and less in the employers offer.If your work agreement doesnt say you are entitled to palliative medical care then be aware that NJ WC only provides the corrective medical and that all they are responsible for providing to you.

    Your case appears very interesting as far as teaching others the traps to avoid and to prepare yourself for the worst and pray for the best. I have been away from the web for a few months and Im trying to empty my mail box with 830 emails and thats alot of stuff to answer so I can to my favorite forum to get my head back in my heart of why I even learned to type which is to be one of the finest NJWC advocates of the web.

    I hope I help you understand why I see only one choice that benefits you with the limited information given

    BUG


    Quote Quoting Joespon View Post

    Fell off a roof 9 years ago (2009 ) had a back fusion and 2 knee replacements and everything that goes with it pt injections etc. I have nerve damage to my leg after the surgery back pain still and knees are shot. I have not worked since the fall. I have collected comp payments up to middle of 2017. We filled for social security lost / appeals went to Virginia and lost. Lawyer is still at a loss on how we lost.
    I got a call from my attorney that he received a settlement offer at 70% and medical for 390 weeks I'm 52 & cant do my job & that means I'll be about 60 with no income & injury coverage. My back doctor said the surgery will last 20 to 25 years and have to be redone.
    My lawyer says I should except the offer.
    I asked him to go back to ins co and ask for more the response he said was that's the best offer.
    Lawyer says there's a chance we can lose and get less -get the same result and me get deeper in dept - or hit it out of the ball park and win.
    My question is should I go to court?
    Is it really that risky?
    I been scratching & clawing over a year now and just not sure

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