Meeting with attorney & settlement - Printable Version
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Meeting with attorney & settlement - Bummer Knees - 04-16-2009 05:46 PM
I meet with the attorney today for almost an hour of his time.
The settlement is on the auto accident, state law allows a 2 yr time line to settle. The accident was 12/07.
I injured my neck in this accident and recently learned a disc was damaged that may require surgery in the future.
My attorney tells me my settlement amount will be low due to the fact I am not working and medical is not included as a part of settlement in my state.
And now for work comp........................
The 2nd part of meeting with the attorney was work comp.
This is what my attorney said on the recently received IME report:
On the back the attorney says the IME report gives us what we need to need.
The attorney says this may hurt my case but says we will play it out.
The attorney was happy with the recommendation of the IME doctor for treatment
of a new MRI, shots, & 10/12 wks of physical therapy.
The meeting ended with a big surprise, my attorney said with the severity of my injuries and combination of knees & back, he is seeking total permanent disability on my behalf and will be asking for the max at settlement time. (Don’t understand the legal reasoning in this)
Also said I qualify for a work disability in my state due to my type of injury.
RE: Meeting with attorney & settlement - Bad Boy Bad Boy - 04-16-2009 06:02 PM
I don't know how total disability pays in settlement in your State. But, a total isn't a settlement I would want in my State. For it pays, (weekly, bi-weekly, or monthly) Till you die, or sometimes meet retirement age. Once you die, the settlement payments are over with, and your family gets nothing from what might be left over.
Now, also, a percentage of that total disability can be pushed onto the auto accident, if the WC IC Attorney knows of it. Upper body percentage is about 40%, leaving 60% to argue about.
RE: Meeting with attorney & settlement - Bummer Knees - 04-16-2009 06:45 PM
Bad Boy it is a catagory, in my state settlement would be a lump sum payment.
Kansas Categories of Disability Compensation Benefits
Temporary Total Disability is paid when the employee, due to an injury, is unable to engage in any type of substantial and gainful employment. Benefits are paid for the duration of the temporary total disability.
Permanent Total Disability is paid when the employee, due to an injury, has been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment. The loss of both eyes, both hands, both arms, both feet, or both legs, or any combination thereof, in the absence of proof to the contrary, shall also constitute a permanent total disability. By statute, substantially total paralysis, or incurable imbecility or insanity, resulting from injury independent of all other causes, shall also constitute permanent total disability.
Permanent Partial Scheduled Disability is paid when the employee sustains complete or partial loss of use of a body part, such as an arm, due to a job-related injury. Compensation is limited to a percentage of the scheduled number of weeks.
Permanent Partial General Disability is paid when the employee sustains permanent partial disability not specifically covered by the schedule. Compensation is based on the percentage of disability remaining after recovery and is limited to 415 weeks.
Survivors' Benefits are paid to an employee's surviving spouse and dependent children if death occurs as a result of injury. Burial expenses up to $5,000 are also covered.
RE: Meeting with attorney & settlement - Bad Boy Bad Boy - 04-16-2009 07:17 PM
Where does it show Lump Sum settlement payments?
RE: Meeting with attorney & settlement - Bummer Knees - 04-16-2009 07:28 PM
My attorney said mine would be a lump sum payment.
A lst time settlement would be a lump sum payment, a 2nd work injury settlement would be a scheduled payment, weekly, biweekly, or monthly.
I take it your state is different.
RE: Meeting with attorney & settlement - Bummer Knees - 04-16-2009 08:07 PM
I also want to add that I am praying that my good knee is not in as bad of shape as the IME doctor seems to think it is.
Health is far more inportant then money.
RE: Meeting with attorney & settlement - Bad Boy Bad Boy - 04-16-2009 10:02 PM
That's correct health is more important, all the time.
So, what you going to buy me with all that money, LOL...
Jayne bought me a Pace Arrow Motor home...
RE: Meeting with attorney & settlement - Cycler - 04-16-2009 10:20 PM
PT deteriorates knee DJD btw......unless there is VMO inhibition and then it helps a little
RE: Meeting with attorney & settlement - Bummer Knees - 04-17-2009 07:20 AM
What am I going to buy?
I'm going to buy Jayne's Pace Arrow.
When settlement talks begin, they will start at the max amount allowed in my state.
I expect they will end far below that amount.
My goal is to work out an amount with the insurance company and not go before the judge on the settlement.
RE: Meeting with attorney & settlement - jayne - 04-17-2009 07:43 AM
Jaynes pace arrow IS NOT FOR SALE....I am having way to much fun with it...in fact are packing to go out this weekend.....find your own you two