Settlement Demand, now what

[Tink]

Hello, I am new here. I want to start by saying that I have been trolling these boards for months now, and have already learned a tons from you all here, so thanks.

I was injured in Michigan over 2 years ago. I have a ruptured disc in my thoracic area, as well a a ruptured cervical disc. I have had terrible, debilitating at times, pain in my thoracic/scapular area since I hurt myself. Never had cervical pain, just numbness down my arms. There is nothing they can do about the thoracic disc, the area is to risky to operate on. I have a cervical fusion last year, they thought/hoped the cervical disc was referring the pain to my thoracic/scapular area. The surgery relieved some of my arm numbness, but none of the thoracic pain. I have had 7 epidural injections, tons of PT, chiropratic care, the cervical fusion of course and even 6 acupuncture treamtments. I feel I had a great relationship with the insurance provider and I was VERY compliant with them and my nurse case manager who was put on my case a year ago. Nothing helped. I was declared my MMI in April by a doctor hired by insurance company. I also lost my job because they realized I could not do it, it was very physical. I have no clerical experience and no college degree, so no clerical jobs would work for me.

I immediatly hired a lawyer. I had a IME by a doctor of his choosing in July. I asked my lawyer what my impairment rating is and he said they don't give those in work comp cases in Michigan? I have been given restirctions of no reaching, pulling or pushing with my right hand, no sitting or standing for prolonged periods, and no lifting over 10 lbs... permenantly. I have done very physical jobs my whole life, so that is the only experience I have, and with no experience or degree I am not qualified for any desk jobs.

I am 34 years old, my checks I was recieving from the insurance company was $420/week.

My lawyer just sent my settlement demand letter to the insurance company. He demanded 80K.

Here is my question. The idea of settleing for any less than 80K is not acceptable to me. Do insurance comanies EVER accept the demand request? And if not, will they most likely counter with something reasonable like 70K? Or will they low ball it and offer like 40K? And, once a settlement is agreed upon, how much longer will it take to close my case?

Please only respond if you truely have an opinion. I understand each case is different and that I should ask my lawyer, but he is out of the office for the next 2 weeks and his receptionist can't answer these questions. I will ask him also when he gets back, i just don't want to loose anymore sleep thinking about this. I am looking for opinions, and others actual experiences. Thanks

[Kobraky]

from my experience....the insurance company USUALLY won't offer anything reasonable lol....and as for the thoracic pain...is it right where the injury spot is located? thats how mine is...right where the herniation/rupture/fracture occured is the main spot of all my pain....i really haven't ever heard from anyone else that had a thoracic injury...also what area of your t spine was hurt? mine is at t8-t9-t10-t11 lol...but my main spot was right at the t10 vert. I was told that I will never be rid of the pain in my back and to basically get used to it or get used to taking pain meds the rest of my life....its a horrible ride to end up in...

as for the settlement..it really rely's on your lawyer.... if he's a good one he will get what you deserve...if he's just trying to get you in and done and out of his office he's gonna push you to settle for less....specially after the ins. comp. comes back with a very different amount (hah...at least thats what they did for me ) good luck to you tho..and best advice i can give is to just stay positive!

[Tink]

Its amazing how we get used to the pain isn't it. Have terrible days, but even on great days its THERE still.
I haven't found anybody else with a thoracic injury either. Thats partly why I was so excited to find you, and from Michigan too. I have heard they are very rare, and what doctors don't know scares them I think. My Rupture is at T7-T8, but basically T6-T10 are bad, bulging. And yes, that is exactly where the pain is, from my spine, a little to the right, just like someone is grinding a knife in there, all the time. The muscles spasm all around it, in protective mode, so my whole right scapular area is usually inflamed.... Do you have any relief, after all these years?

[LeglEgl]

(10-13-2011 02:01 PM)Tink Wrote:  ....that is the only experience I have, and with no experience or degree I am not qualified for any desk jobs........ I am 34 years old...

At that age, you have plenty of time to obtain some training in another field and turn it into a career. I have THREE college degrees - the last obtained when I was in my early 40's.

Quote:Please only respond if you truely have an opinion. I understand each case is different........

Then you should know that nobody can give you even a "ballpark" figure. If anybody does that, you'll plant those numbers in your head and either be disappointed, or elated at the eventual outcome.

[Tink]

Leglegl,
Your response was the exact kind I did not want. If your would have quoted my ENTIRE statement you would see I never asked for a ball park figure, or a figure of any sort in reguards to what I SHOULD get. I asked for "OPINIONS", and past experiences, ONLY reguarding what the insurance company might do in response to attorneys demand. I am very aware that nobody knows and every case is different, as I stated. JUST OPINIONS!!!

Also, when I said Im not qualified for any desk jobs, I meant right now, and that is FACT. Of course I can go back to school. BUT, that will take years to get a degree and sitting in a classroom for more than 20 min is beyond my restrictions. Those are permenant restictions.

Thanks for your time though... very helpful

[LeglEgl]

(10-13-2011 06:17 PM)Tink Wrote:  I asked for "OPINIONS", and past experiences, ONLY reguarding what the insurance company might do in response to attorneys demand.

So, you're asking for OPINONS ? Based on your question, those opinions would have to encompass a 'guess' at what you might expect. You presented a demand amount, and wondered whether that was an appropriate amount.

Quote:Here is my question. The idea of settleing for any less than 80K is not acceptable to me. Do insurance comanies EVER accept the demand request? And if not, will they most likely counter with something reasonable like 70K?

You don't EVER have to accept a settlement, nor does the IC have to OFFER a settlement. You can choose to continue getting benefits and leave medical treatment open. WC is not an ATM.

Anybody can give you an opinion that the demand and counter-offer is or is not reasonable, but that won't be of any service to you, because, as you said .......

Quote:I understand each case is different and that I should ask my lawyer

[1171]

just as often as not the carrier fails to respond and you end up with court ordered payments. only at the last minute and to postpone the hearing might they respond.
some basic info on michigan comp
http://www.michigan.gov/documents/wca/wc...6927_7.pdf

[Tink]

Leglegl, thanks, your constant tone of judgement makes your delivery suck, but at least you gave me a bit of info this time. Even if it is not the question I was asking.

1171, Why would you give me a worst case senerio? Maybe because you work for a work comp insurance company? If your going to throw something negative out there, clearly trying to deflat someone's hopes, why not offer a positive senerio as well. In hopes of at least trying to seem like your not pro insurance companies. For your information, they came back with a response yesterday (law firm called at the end of the day), completely reasonable... 3 weeks sooner than the deadline.... This site has a reputaion for being overly critical, and full of work comp adjusters... now I see why. I may have asked a stupid question in your opinions, but why not just not respond? Just the price for being new? I guess I just hoped when a somewhat reasonable question was asked it wouldn't be treated like a joke.

---

BTW, I was just looking for opinions, not advice? Just curious. Leglegl, don't quote me unless you quote my entire statement. After I asked about if ins co would offer 70K? I went on to give another senerio, again just asking for opinions? Not if it was fair? Not what I should get? Not what the ins co would give me? And I NEVER implied work comp is am ATM or anything like that... i can't even figure out where you came up with that. Have a good day at your workmans comp insurance adjuster job tomorrow. happy Friday

[1171]

yup, you are a troll on the boards.
if you had even the slightest experience on message boards, you'd know you don't control what information you get back or how you are responded to.
it's an open public board and you get what's there and take what you can.

the only thing you can control is how and what you post.
and you've made your opinion very clear.
hope you find what you are looking for on other boards.

[Wink]

(10-13-2011 09:27 PM)Tink Wrote:  Leglegl, thanks, your constant tone of judgement makes your delivery suck, but at least you gave me a bit of info this time. Even if it is not the question I was asking.

1171, Why would you give me a worst case senerio? Maybe because you work for a work comp insurance company? If your going to throw something negative out there, clearly trying to deflat someone's hopes, why not offer a positive senerio as well. In hopes of at least trying to seem like your not pro insurance companies. For your information, they came back with a response yesterday (law firm called at the end of the day), completely reasonable... 3 weeks sooner than the deadline.... This site has a reputaion for being overly critical, and full of work comp adjusters... now I see why. I may have asked a stupid question in your opinions, but why not just not respond? Just the price for being new? I guess I just hoped when a somewhat reasonable question was asked it wouldn't be treated like a joke.

---

BTW, I was just looking for opinions, not advice? Just curious. Leglegl, don't quote me unless you quote my entire statement. After I asked about if ins co would offer 70K? I went on to give another senerio, again just asking for opinions? Not if it was fair? Not what I should get? Not what the ins co would give me? And I NEVER implied work comp is am ATM or anything like that... i can't even figure out where you came up with that. Have a good day at your workmans comp insurance adjuster job tomorrow. happy Friday