08-29-2007, 02:20 PM
(This post was last modified: 08-29-2007, 06:58 PM by moonmama.)
My attorney called the other day to set up an appointment with me to come in and discuss a settlement offer from the other side.He said we needed to set down, and come up with some figures.What type of questions should I ask my attorney? What should I look for in a settlement? I'm in my early 40's, and I just had 4 disc's in my low back fused together.Can anyone give me some advice that I can understand,and use.I'm not real sure my attorney has my best interest at heart.I would like to know how to come up with a figure for a permanent disability,or at least know what would be a fair offer.By the way I'm in Arkansas.
08-29-2007, 02:29 PM
(This post was last modified: 08-29-2007, 02:31 PM by WCisBS.)
In order to determine what benefits are being settled and therefore what value is placed on them depends a lot on what state laws you are under.
you didn't indicate a location in your profile; what jurisdiction is your claim under?
there are general questions you should ask if you don't know your state's work comp laws:
are you settling future medical treatment?
can you reopen the claim later?
what type/amount of fees are deducted from the settlement (including atty fees and/or costs)
what if it doesn't settle?
how long does the process take?
can you return to work for the employer?
there may be more specific questions that are relevant to the system and laws in your state but until we know that all i can do is give generic ones.
[size=medium][font=Comic Sans MS][i]please include the state where the claim was filed.[/i][/font][/size]
I am not sure that I have a lot to offer, but my first suggestion would be to know what your state says about what kind of injury you have. Are you permanently or partially permanently disabled? Are you going to be able to work in the future? All of this is relevant to the questions that you ask us to help you with. Let say that you are going to be permanently disabled from your current job because of your injury as you mentioned. I would address then from priorities first....Medical, Vocational Rehab, and then loss income etc.
future medical cost and who would be responsible.
know more about how to obtain open medical.
know more about the Medicare Set Aside and is it relevant to you.
Vocational Rehab - of course this is relevant only if there is any chance that you may return to an employment at any time in the future.
ask about its relevance and whether it is possible for you.
Ask about having a I believe it is called a true life estimation done so you will know what your actual costs and losses are going to be as a result of this injury.
Before I talked to the attorney I would sit down and figure out what I made each year on the job, including your vacation sick time etc and then figure out what you are going to recieve from SSDI and then find out what your losses are until you are 65. That would be the typical working time frame. I believe they have changed that to 70 years old now, but you could ask your lawyer about that also.
This is just a few of my ideas. First you must know what how your medical needs are going to be met and go from there. Good luck Red
Be who you are and say what you feel, because those who mind don’t matter and those who matter don’t mind.
Hi I'm new to this so please forgive me.The state I live in is Arkansas,and the reson I dont think that my attorney has my best interest at heart is, because we found out only after he took the case that his secratary is the sister in-law to the Ceo of the company that I worked for.He was really upbeat about taking the case a year,and a half ago,but a couple of weeks ago he called to tell me that my case was going to be really tough,and take allot of work,and now I'm being offered a settlement.He would not go in to detail with me about this his reson was he had someone waiting to come in to see him.It left me with allot of questions I thank you for your reply,and your help.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.