had the pre trial today - Printable Version
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had the pre trial today - smoke1 - 06-25-2008 04:25 PM
my attorney was asking for 35%. Judge said the case is worth 30%. That comes to about 40,000 plus all medical bills will have to be payed. My issue is that would close out the medical. Not sure if I want to do that, I think at least anything with the burn should be left open. I was burned 26%. Have heat issues from burn and 8% was 3rd degree which is grafted. Can't work in temps above 85%. If I would ever need to have another surgery because of my burns comp would not cover if medical was closed. Going to trial is a risk. If judge said 30% could that go down if I went to trial. Same judge would hear the case. smoke
RE: had the pre trial today - lfoster21 - 06-25-2008 05:34 PM
Are they saying 40,000 and they have to pay all your bills that you owe up till now...and then medical will be closed to all future claims?
RE: had the pre trial today - smoke1 - 06-25-2008 06:50 PM
Thanks lfoster21. yes that is correct. The medical will be closed. All medical will be paid up till now. Trial is a risk. Especially that the same arbitrator would do the trial. But comp has to approve this. It is 5% more than their last offer. Plus medical is 15,000 more then their last offer to cover medical. So will have to see if comp will accept this offer. If not I will this this to trial. What can I do if arbitrator thinks the case is only worth 40,000. I personally think this is low. But that is the comp system I guess. smoke.
RE: had the pre trial today - Lilly - 06-26-2008 08:26 AM
I too agree it is low.
Do you have scarring? Did they fix that already?
Heck in Illinois in the summer...it's 85+ most of the time...you will be stuck with an inside air conditioned job....are you an office worker, or have these type of skills?
RE: had the pre trial today - smoke1 - 06-27-2008 04:53 AM
Lilly Wrote:I too agree it is low.
RE: had the pre trial today - smoke1 - 06-27-2008 05:03 AM
thanks Lilly: yes I have scarring. the issue for me is where I have the skin grafts I can't sweat in those areas, so the rest of my body has to make up for that. My whole life I only done factory work. My problem I can't sit or stand in the same place for long periods of time. I work at a company that is only busy about 6 months out of the year. The other 6 months I get laid off. It this time I am laid off. Should be going back by early July. This is a full time temp job. So I have no health insurance. I tried ssd but I would not be able to make over 900.00 a week. I make more than that when I'm laid off and my dr thinks that would be worse.
RE: had the pre trial today - smoke1 - 06-27-2008 05:12 AM
So that is why I never did give ssd must thought. If my dr would not back me I don't have a leg to stand on. Also it is better for me to keep moving. So working would be better for me I think anyways. I also have ptsd do you know how much that would be worth. Also if I would go to trial I think I could end up with less and than comp could deny that also. So that could go on. I kinda just want to get it over with. They have to pay my chiropractor bills also. They never would pay them. My attorney said judge will not believe to much what chiropractor would say. Not sure why. They seem to help me. smoke
RE: had the pre trial today - red1030 - 06-27-2008 11:44 PM
Hi smoke1... it is good to hear from you again. I am very sorry that it has taken me so long to get to this thread. I was away for a few days with others from the forum. As too your questions. I am not sure if you will need surgery again on a graft. I doubt it, because you are full grown. If you should for some reason gain a lot of weight, you would most likely need another graft or if you obtain an infection under the graft, I would think that you will need another graft. I will try to look up this information tommorrow and decipher it for you.
In terms of asking if your settlement is too low, it is too low if you feel it is too low. I do know that settlements do not get a lot better most of the time, but you are the one that needs to decide what your injury is worth and then if worth more keep the fight going. If it is ok or you need it to continue to survive then I would say go for it. If the trial judge is the same one, it is difficult to say if he will influence your jury or not and to what direction. Hang in there and listen to your heart...it will lead you to the right direction for you.
In reading this you still have some sever limitations. You may qualify for SSDI and you may not, however, even before that situation, I would consider what other types of jobs that fit into your restrictions and that you might enjoy in the future. It sounds like you need an inside airconditioned type of job to maintain your health. Have you considered going to school? Have you thought about asking for a 2-4 year program in a community and then to a state college..they are cheaper and as good to obtain a degree in a carreer field that will take you towards a job inside. Just a question. There are financial aides and loans available to get you through school if the IC does not want to pay. Just a thought. I will look up about grafts in the am... good luck smoke with what ever you decide. Red
RE: had the pre trial today - red1030 - 06-28-2008 08:28 AM
smoke1..I forgot to ask.... what kind of skin graft was completed for you? This will help me to determine your risk much greater. Thanks Red
RE: had the pre trial today - Still in Limbo - 06-28-2008 09:43 AM
Smoke, I'm not Versed in Ill. Rules and Laws concerning w/c, but I think in Your Situation the deciding Factor, at Least in My Opinion, is whether You have Full Faith in Your Attorney! I'm in Pa., and if You were here, You would be getting Paid for Your Scarring, and it seems to Me that You have Back Issues that don't seem to be getting Addressed also. If You have Full Faith in Your Attorney, and You feel in Your Gut everything is as it should be, then the Decision is Yours. But Me Personally, I think if I were as Injured as You and only got the Offer You have, and with You still fighting PTSD, Back Issues, and with Severe Work Restrictions, I Personally, My Opinion Only, would be looking for a Second Opinion by taking All of My Records, and Speaking with another Attorney, just to be Sure of My Decision. Things just don't seem Right, Closing Medical and Offering so Low, when they know down the Road the Chance of You having Complications are High. Just My Opinion as I have said above, but I don't think I would be Ready to Close with those Terms unless I Spoke with Someone Else! My Very Best to You, and I Hope You Receive All that You Deserve!!