Need settlement advice so confused

[AQA]

In my mind, you are trying to play a very dangerous game. I think you may be disappointed with the out come.

I will say, my injury was one shattered disc. I have a one level fusion with intrumentation and a SCS. To date is over $500,000.00. Plus roughly another $400,000.00 for future medical.

I understand what you are attempting to do. Please be careful. Being that you are trying to play this game. If I were you, I would wait for them to make the first move.

Take Care.

[1171]

since you are doing it without legal representation:

1 realize that the negotiation game takes patience.
2 whatever number you give them they will not likely agree to.
3 most times they will not respond at all.
4 other times they will counter with a much much lower figure.
5 plan your response to each situation before you make your demand.

the ideal situation for you is to have them come to you with an offer; when you go to them it puts them in control.
the more you want the settlement, the more control you give them.

sometimes a successful tactic by an unrepresented worker is to tell them you can't think of any number; "it's all so confusing..."
they may break the ice and come to you with a figure.

another response from you that they may find difficult to work around is
"I think I'll let the judge decide what's a fair amount"

be prepared to go to the comp court for a conference.

even though you are not represented you can still use the state agency and the comp court to your advantage
http://www.myfloridacfo.com/wc/employee/ineedhelp.html

[dmma]

It may be helpful if you contact your local hospital and find out what the O.R.(operating room) would cost, anesthesia, a semi-private room, etc.. All hospitals are equipped to give patients that information when they are considered "self-pay". It may give you an idea about future costs.

butterfly300 Wrote:My husbands health insurance has been picking up the slack. For the longest time I had to use it due to wc dragging their feet so I dont imagine they would give me a hard time now. it is like pulling teeth to get doctors to give me a estimate so I know what to ask for. I do know a 1 level disc replacement & 1 or 2 level fusion is around $77,000 not counting 2 or 3 day hosp stay. have no clue what that would be & if something went wrong & I needed another surgery or pain mangement for the rest of my life. Coming to a $ amount is really hard. I do our insurance does not pay for disc replacement , they consider it to new. has anyone here had this type of surgery or a fusion?? What $ amount would you ask for with the info I have given you? again I really appreciate the help & understand you are not attorneys & just being helpful

[grumpyone]

Butterfly,

I just underwent a 3 lvl fusion and I cam tell you this just the hardwear alone was 75k the entire surgery was close to 300k and I am still under medical care getting ready to face another surgery so The amount to ask for would be High I would not close out medical for that reason. If you dont settle for enough then what your stuck in pain with no medical. I would really think about it

[Bad Boy Bad Boy]

You have to hire a person trained in performing a future medical cost. It will be well detailed.

http://www.bt.cdc.gov/planning/medcon/

[kate]

You are certainly able to negotiate settlement without an attorney and 1171 has given you excellent advice, however a few things to keep in mind:

In Florida, an unrepresented worker MUST be at MMI before they can settle. If you have an attorney you can settle at any time.

You will have to go through a hearing in front of a Judge of Compensation Claims (JCC) and the JCC has to approve the settlement. If you have an attorney, the JCC only has to approve the attorney’s fees.

You definitely need to know what your rating is, and what future medical treatment is expected before you make any demands or accept any offers.

As an ex-adjuster, my experience has been that the JCC’s are very good about making sure the settlement is fair for the injured worker. I have seen them tell the insurance company that the settlement wasn’t enough even though the injured worker agreed to it.

How ever you decide to proceed, good luck.

[Regrets]

I know You don't want Representation through an Attorney for this Settlement Process. But try and Keep in Mind that These Attorney's do this Daily, and with an Attorney You May Very Well End Up with Much More AFTER Their Fee than You would have if You did it on Your Own! My Aunt gave Me Great Advice Years ago: "If You don't know Your Jewel's, Make Sure You know and Trust Your Jeweler!"I Think that Thought Process may Apply Here, Do Your Homework and Retain an Attorney You Trust to get You the Most They can, and Protect You from Future Pitfalls! Either Way, Best of Luck!!

[butterfly300]

Good morning
A big Thank you to everyone who replied. My fear of waiting for MMI is having to let the doctors they have picked to do the procedures. I have been told if a doctor recommends surgery & I decline that is in WC favor & can hurt me in many ways. WC & not the wc insurance is pushing to get a MMI now ( it has been 2 yrs last month since my injury) A second MRI had showed some improvement so the nero surgeon allowed the pain management doctor a chance. He wants to burn the nerves causing the pain. I have had 3 nero surgeons recommend surgery so Im not so sure about burning my nerves. Its not just about the $, its about getting my hands on the $ to have my own nero surgeon that I am confident in to do the surgery. If I wait until MMI I may be stuck with the nerve burning & end up with more problems than I have now. (BTW the nero surgeon they gave me is a stroke specialist & has performed 3 disk replacements, all wc patients) it has been such a hard, long road the pain mangement doctor recommended the psychiatrist after breaking down in his office in tears from the pain & stress of it all. The psychiatrist said he maybe treating me for months can they come to MMI while being treated by him? They never approve a psychiatrist any more & I'm sure I would not have gotten one if not talking to my adjuster, I also suggested a settlement & my adjuster agreed.she didnt mention being MMI first. She said give her a $ amount & she will speak to her supervisor about settling it. the minute I hire a attorney I lose all contact with my adjuster & any help she has & can provide so its a catch 22. The wc nurse even agreed I have gotten further on my own than most with a attorney so you can see why its hard to grab one now. Not to mention the horror stories I have heard about the attorneys. If I hire one, dont like him later, fire him he can put a lien on my settlement! I dont think people realize how hard it is to get rid of a bad attorney. A friends attorney asked for $500k & got $125, took a hunk of that now he doesnt have enough for his medical & in bad shape. No one asks to be hurt & its a shame to go through the H they put us through. I just want $ to cover my medical & move on with my life. its like being in a nightmare that you never wake up from, after 2 yrs it has to end for me soon dont think I can take much more of it. Im a tough cookie & feel shameful to make that statement but there has to be others who feel at the breaking point as well. I wish everyone the best. still open to any & all advice. Im all ears. Someone said "they understand what Im doing" those where the best words Ive heard in a very long time, Thank you! & Thanks to everyone for all the advice! it is so much appreciated

[butterfly300]

Sorry my arm goes numb so I leave it, come back write more. didnt realize I wrote such a huge book! ha ha

[Bad Boy Bad Boy]

As the thing you wrote about an attorney.

WC is a legal system, going at a legal system, without all the knowledge, and combating an attorney working for the IC leaves you where? Yes, attorney's cost money, sometimes well worth it.