Major Accident-No Attorney yet...advice?

[justagirl]

My dad drives an 18 wheeler and had a one vehicle accident. We dont really know what caused the accident but he was severely injured....broken vertebrae, broken femur, broken shoulder, head injury, hearing loss, internal injuries (partial small intestines had to be removed) and some facial paralysis. Several lacerations and contusions.

He is receiving a bi-weekly workers comp payment at the moment and we have been working with the wc case manager and he is getting the care he needs, they keep telling us that he will receive a settlement when this is all over but we are wondering if/when we should hire a lawyer?

I mean there is no doubt that he is going to have some permanent partial disability, considering his age 63, its probable that he may receive total disability but we have never had to deal with anything like this nor has anyone we are close too.

Just looking for some advice, or things to watch out for. thanks!

[lucky]

(07-16-2012 03:51 PM)justagirl Wrote:  My dad drives an 18 wheeler and had a one vehicle accident. We dont really know what caused the accident but he was severely injured....broken vertebrae, broken femur, broken shoulder, head injury, hearing loss, internal injuries (partial small intestines had to be removed) and some facial paralysis. Several lacerations and contusions.

He is receiving a bi-weekly workers comp payment at the moment and we have been working with the wc case manager and he is getting the care he needs, they keep telling us that he will receive a settlement when this is all over but we are wondering if/when we should hire a lawyer?

I mean there is no doubt that he is going to have some permanent partial disability, considering his age 63, its probable that he may receive total disability but we have never had to deal with anything like this nor has anyone we are close too.

Just looking for some advice, or things to watch out for. thanks!

I had a "similar" accident in 2003. My personal opinion would be to hire a good WC Attorney. Make sure he specializes in Workers Comp. of your state.

I feel injuries such as this would always fair better with the aide of a Attorney. The IC has Attorney's working for them so it would be your Dad against the IC Attorney's. Not a good idea IMO.

[1171]

most carriers do not get attys involved until a case gets litigated.

read other posts on this board.

of course you can get an atty at any time. some states are more litigious then others so it's all on a case by case basis.
every state has separate work comp laws so there is no universal answer.

depends on what you mean by "settlement".
in many situations it's just periodic payments according to the disability schedule.
in other cases a settlement is a negotiated buyout of disputed issues.

the former many need an atty if it becomes too complex for the worker to understand.
the later situation may require court appearances and testimony and use of atty is customary.

[bronco54501]

Like your dad and lucky, I also was severly injured while driving... Many injured body parts and surgeries, the comp ins never gave me problems for what I needed.. I returned to work with restrictions and 1 1.2 years later I reinjured myself and havnt been back to work since 2010.. The second time dealing with the comp became fustrating and they stopped all medical and ttd payments in feb 2011.. After my first injury I consulted with a few attorneys and did sign up with one I liked and they had a good track record... I had not needed his services other than advice, I kept him a secret untill they stopped my bennefits...

IMO, you dont need one as of yet.... But by all means start shopping around and look for one your comfortable with that seems to be in your dads best intrest...

[AQA]

Not all claims need an attorney. From what I have seen and heard, most don't.

Some people get an attorney when one is not needed. Their reasons vary. As long as everything is moving forward smoothly. In my oppinion, I see no need to pay for one.

Should you decide that you need/want one. You should be able to get a consultation for free. That way you can decide which one you are confortable with.

I could not help but notice that you did not state what state the claim is in. The laws, rules, and regs. vary from state to state.

The information provided is limited. Simply because we do not know what state the claim in.

[lucky]

I think the severity of the IW's accident has to be taken into account when deciding whether to hire a Attorney at the beginning. The OP said:

but he was severely injured....broken vertebrae, broken femur, broken shoulder, head injury, hearing loss, internal injuries (partial small intestines had to be removed) and some facial paralysis. Several lacerations and contusions.

As far as waiting till litigation to get a Attorney, I would feel this is possibly State driven for this decision. I needed a Attorney ASAP because WC started denying my Claims 2 months into the claim; They were trying to scare me and rail road me into believing nothing could be done.

9 years later, I settled with a upper 6 digit settlement including the MSA and I never missed a paycheck from WC till the time I settled and my medical was taken care of. The IC offered $14k to settle which was a joke but a IW may not know this and this is where a Attorney is needed.

A Attorney will get the same fees whether he gets on board now or 3 years later; I would not wait with the injuries listed above because as most know, WC only wants to get you to sign the dotted line and be released from responsibility.

I feel the possibilty that this IW will need a Attorney is about uhm 100% but that is my opinion but......... I would have been crucified without a Attorney from the beginning of my claim.

[jayne]

the same fees? mmmmm hog wash at least here in Oklahoma.Here a lawyer gets 33% of the monies you get after he comes on board.If WC is getting him the medical care he needs with no problems and his check is comeing when it is supposed to then you dont need that lawyer yet.That doesnt mean you dont prepare for one cuz you will need him down the road.but if for the next year everything is being done the way it is supposed to be done why give the lawyer a % of his check?you still get and keep copies of all his medical records,you keep a log of all his doctors and everything they say and write it down.This you do for when it is needed.when the time comes that they arent letting the Drs take the best care of him,arent paying him or are saying they arent gonna pay him or you feel to overwelmed then start interviewing lawyers....then they have to earn their pay...

[bronco54501]

Jayne, exactly my thouhts.. I have had my lawyer since 2008, and we discussed my thouhts on how I would handle everything until the day comes where I couldnt.. He legaly went on board feb 2011 and even thouh I was collecting ppd off some of the impairments he didnt get a dime because I did all the leg work.. He will get his $$$$$ when I settle because he has to work for it now. If he would have started from the get go he would have collected roughly about $15,000 to $20,000 in just his 20% fees...

Like I said in a earlier post just start shoppin around for a attorney......You have time...

[Timothy Belt]

I personally believe that almost everyone is better off with an attorney from day one, but I am admittedly biased on the subject. In my state, PA, the attorney cannot collect a fee until it is approved by a judge or the board. As a result, until the case is actually litigated, the legal assistance and guidance is free. I assume states vary on this point, but if this is true in your state, there is no financial downside to obtaining an attorney early on.

[Timothy Belt]

I personally believe that almost everyone is better off with an attorney from day one, but I am admittedly biased on the subject. In my state, PA, the attorney cannot collect a fee until it is approved by a judge or the board. As a result, until the case is actually litigated, the legal assistance and guidance is free. I assume states vary on this point, but if this is true in your state, there is no financial downside to obtaining an attorney early on.