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need help
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12-05-2008, 10:20 AM
Post: #1
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need help
ok next week i meet with my lawyer and his rehab guy and then the following week i have a depo with other side and at the end of the day they want numbers to make me go away.so i have make a list of everthing going on also what i can do and cant do.what i use to enjoy and can no longer do.my job history so on.is there anything else you all can think of or thing i need to put down on paper so i can remember when asked questions.i have alot but seems like im missing things that i should be putting down.now my lawyer tells me they want me to go away so im thinking they will low ball me but they want my lawyer to crunch the #s then give them to there lawyer,so its not like they are going to throw out the first offer they want my lawyers numbers first so they can come back at use.i got alot in this and alot of problems and will have more in the future.i just want to be on top of all the stuff thats going to happen in the next two weeks.any thoughts???thanks hurt.
Each day is not a rite,it's a given. |
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12-05-2008, 11:16 AM
Post: #2
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RE: need help
Hurt, the Best Advice I can give You would be this: Set down where it's Nice and Quite and Remember back to when You weren't Injured, and think of the Things You Enjoyed, and the Work You could do. Then look at Yourself Today, and Write down, even to the Smallest Detail, what You can't do Anymore, and how that Makes You Feel. Now this next Piece of Info. You May want to think about, because this is what I'm going to do, but it's a Very Dangerous Move when it Comes to Negotiations, so You May want to think about this, and Discuss it with Your Lawyer if it fits Your Situation:
I WILL NOT Set Down into Negotiations unless the Person from the Ins. Co. that Can Make the Ultimate Decision is Present, and Able and Willing to Sign the Necessary Agreement, and I won't Accept any Time Frame for Payment More than 30 Days from the Date of the Negotiations!! I have see MANY TIMES when Negotiations are Made, with the Stipulation that they have to Talk with the Higher Ups to get it Approved, so You Leave thinking You have a Deal, and they either never Re-Contact You, or they Call Back Saying they Tried, but Couldn't get it Approved and they Hit You with a Lower Figure they THINK they can get, leaving You Stressed and no Better Off than when the Negotiations Started! It's another One of their Games Hurt, and I Personally Hurt too Bad, and have been Lied to so Many Times by the Defense Counsel I'm not going to even Allow Him in the Negotiation Process, it's the Ins. Co. Rep. with the Power, or No Negotiations at ALL!!! As far as a Number to Give them, I Again, My Opinion Only, would Take the Age I was Injured and Subtract it from 65, (Average Retirement Age) and I would Figure My Average Yearly GROSS Earnings, and Multiply that by the Number of Years You have left to 65. An Example: If You were Injured at the Age of 40, 65-40= 25 Years. If Your Average Yearly Gross Salary is $40,000.00, (just an Example Figure) the Calculation would be $40,000.00 X 25 for a Total of $1,000,000.00, now that Gives You a Starting Figure. You have to Deduct for "Real Time Money", in Other Words Money Today is Worth More than Money 25 Years from Now, and Since You are getting a Lump Sum in Today's Money, it's only Fair to Deduct for Inflation. My Guess for My Purposes, because I Used GROSS Earnings and I need to Deduct for Real Time Money, I would Allow 40% to be Deducted from the Figure above, and My Offer to them would be $600,000.00. They May never Accept that, but the Judge or Negotiator will be able to See where Your Figure came from, and that You are Trying to be Fair. Then it's Up to them to Make the Next Move, but at Least they are going to See that You are Negotiating with Actual Figures, and Your not going to be a Push Over!! I Know I wrote a Small Book Here, and I Hope it Helps, but that's the Way My Attorney and I have Decided We are going to Act if and When We ever Set Down for Settlement Negotiations. My Very Bet to You Hurt, and Please Keep Us Informed!! Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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12-05-2008, 11:40 AM
Post: #3
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RE: need help
well i have news for the ic i have way to much going on with my body and my lawyer wont settle for chump change.you know my condition still and its been going on long enough i can wait there not going to kick me to the street that easy,they will have a fight on there hands.the longer they wait the worse i will get.so there the ones after all this time coming forward wanting to work this out.i also hear that my exemployer may get bought out,i think thats why they made the ic pay my bills they said they wouldnt pay,also i think they want to hand off clean if they do sell.i have talked to a couple of others that cases going and they say the wc ic is trying to work theirs out also,so something funny is going on.we all worked for the same company and have the same wc ic,somethings up,i dont know if this good or bad.guess we will see.
Each day is not a rite,it's a given. |
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12-05-2008, 12:11 PM
Post: #4
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RE: need help
Again My Best Buddy, and I Hope it Goes Smoothly for You! Stay Strong as I know You Will, and Give 'em He**!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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12-05-2008, 12:31 PM
Post: #5
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RE: need help
Your in Indiana, it's a Cap Settlement State. Meaning there are caps on each body part.
Have your Attorney find those Cap Dollar amounts before you do anything like throw dollar amounts around. Before you say or think settlement, you must make sure all Bills had been paid, or you will be force to pay the Bills with the settlement money. Indiana works that way. Be careful. 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. |
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12-05-2008, 01:28 PM
Post: #6
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RE: need help
at this point if they wait to long i will be in a wheel chair it is all related to my back and injury.the bad thing is i made alot of money and i know i will never see whats coming to me........but the other thing that gets me is there coming to me and want my lawyers #s,wc ic is not giving me a # as i have seen on here many times before.so whats up with that??try to push you out of the system then come looking to work it out.i still think this will end up in front of a judge maybe not this may be worth more now or less in front of a judge,i still find it odd,just my thoughts though.he^^ im know one but another number to them or case.i dont want this to so south but im thinking they want me gone as they have seen my docs notes and there not good or good foe them the wc ic.thanks hurt.
Each day is not a rite,it's a given. |
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12-06-2008, 01:06 PM
Post: #7
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RE: need help
Hi Hurt,
As for your list of things that are different since your injury... Do not leave out the "loss of friends" because you are no longer able to "entertain" people because of your injury. If relatives are tired of doing things for you because you are now unable....write that down too. All this turmoil also cause one undo amount of stress and heartache, and you are left to feel alone and dependant upon others. Possibly you were the one prior to your injury who always helped others in need...and now you are unable to...can no longer volunteer your services of the community, the elderly, your friends etc. it is as much an emotional injury as it is bodily. If I remember right ....do you have a colostomy? That in itself has to be a great hinderance and embarrassment, causing you to want to stay homebound, even when invited out...or being a turn-off to the female population if you are single. I know i lost many friends, as i was unable to reciprocate entertaining them. We still cannot. Also I have horses...and now i can no longer do my own chores and my spouse is forced to do them. You have to think about how your injuriy has effected not only you...but the ones closest to you. Lay it on, thick, ALL OF IT! Like Still has advised...lay down your rules and demands....and let those buzzards know where you stand! Good Luck Hurt! I'll keep you in my prayers that you receive a fair award! Lilly
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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