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  1. #1
    Join Date
    Nov 2018
    Posts
    1

    Default Settlement Too Low

    Almost 6 years ago my husband was hurt at work from falling off a ladder two stories up and landing on his head and neck. He has since then gets debilitating headaches off and on and pain that shoots from the base of his skull down his right arm, back and all the way into his knees. He has some good days and other days he is unable to walk from one end of the house to the other.

    It was a fight all the time to receive any money from the insurance company. After only a few months they stopped responding to any emails or phone calls. So we finally got a lawyer.

    W/C stilled paid for him to see a pain clinic doctor where they did several procedures, none of which worked. All the while never paying for any of the medication.

    Final their doctor said there was nothing more he could do. That is when they stopped paying for any doctor visits.

    We contacted the lawyer many times with email and phone calls requesting that he could set my husband up to see his doctor, all my husband wanted was for the pain to stop. We would never get a response from the lawyer. On that subject. In fact the lawyer has only ever contacted us a handful of times during this period.

    We know W/C cases can take a long time, but my husband never stopped calling or emailing asking for help.

    Finally he gets a letter in the mail stating there will be a mediation in two weeks. Insurance company offers 5k to settle. Husband declines that offer. He talks to the lawyer and told him 5k is far from what he is thinking, that 5k is not going to fix him he just wants to have one week where he can fully walk across the house. And told the lawyer that he wants a second opinion and to see another Doctor.

    He has yet to have ever seen another doctor except the W/C ones.

    An email was received from the lawyer today stating that 5k was a reasonable offer, and that for him to see another doctor will be 1500 and that it would be a waste because of his drug use.

    I will state that my husband has not had any prescribed (or illegal) pain killers since W/C stopped paying for the pain doctor. That was a few years ago. He does walk with a wobble and has spastic jerks but he has had these since the accident. I do not know where this drug use accusation came from, when the lawyer has never sent him to see a doctor nor have we been to see our own doctor since with the lack of money since he has been unable to work.

    So is 5k a reasonable offer? I know that there is no the sky is the limit with W/C cases but it has been almost 6 years and 5k just seems really very low, but the lawyer said it was reasonable.

  2. #2
    Join Date
    Oct 1971
    Posts
    4,936

    Default Re: Settlement Too Low

    So is 5k a reasonable offer? I know that there is no the sky is the limit with W/C cases but it has been almost 6 years and 5k just seems really very low, but the lawyer said it was reasonable.
    Without knowing the facts of your case, it's impossible to guess at what's reasonable.
    Do whatever your lawyer advises, he has no reason to deceive or low ball you.

    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.

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