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So an update, because I hate when I read stories on here, and see no resolution tee hee!!
Last Thursday, my AOR calls me to his office to inform me that the insurance company wants to settle the claim. He also asks me if I'm interested in doing it. Now, mind you I told him in February of 13 to settle this thing, but I guess I wasn't clear enough for him.
I found out today his scheduling secretary is working on setting up a phone conference with me, the attorney and the company rep to settle this thing.
Forum question here, should I engage or let my attorney do all the talking? When I am to throw out a number for settlement, do I include the attorney fees? I know our goal is to keep the medical open, and my attorney told me he is positioning the claim to file motions to add a psyc claim, and for 100% PTD.. I guess he is going to tell them, settle now, or face $374 a week for the next 46 years.... Here's to hoping kids.
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09-03-2013, 12:07 PM
(This post was last modified: 09-03-2013, 12:13 PM by 1171.)
unlikely it's settled on a conference call.
just listen. have pen and paper handy to write down questions for later.
atty fees are deducted from the gross amount agreed to; negotiate that bottom line amount.
make sure to find out what else might be deducted-unpaid med, overpayments, litigation expenses, etc.
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[quote='1171' pid='153352' dateline='1378224444']
unlikely it's settle on a conference call.
just listen. have pen and paper handy to write down questions for later.
Well, the employer rep stated they wanted to settle, and they want to move quickly. so I'm hoping.
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you should have your questions already to your lawyer and let him do the talking...its what you pay him for. He cannot settle without your okay. He knows what he is doing you do not.
........I love cats, I just cant eat a whole one by myself......
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Next month it will be 2 years since my lawyer said he was going to get my case settled. It does look like they don't want to settle and are just going to take the gamble that i will be cheaper to keep paying me and the bills as they come up. I don't know what the figure was for the set-a-side for my case but I can only hope to live for a long time and medical cost keep going up.
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Not sure what state your in, but a couple of things I've been told and learned. 1. GET A PSYCH ALLOWANCE!!! Psych Allowances are the real settlement determinator. When you go to psych consult, don't ever ever ever bring up that your pissed off that your broke, or the system is broke... Your upset, depressed, etc because you feel like a pos that you got hurt, and that you don't feel like a man/woman in your own home anymore.
2. Start going to the Dr. or ER for ANYTHING that hurts with the claim. If your just a monthly charge to 1 dr for an office visit and scripts, that's not very scary. They can afford the $100 maybe a month in medical bills for you. And the fact that patheitic 66% bs isn't that much, it pays them to do nothing. You start having MRI's, Catscans, Xrays, Ambulance and ER visits, 9 different types of treatment, that adds up and starts a pattern of real money. All these people know is money. They don't care that we worked for their represented company. We are a liability and they want to get the maximum return they can.
3. Finally, if you have an MCO calling you, advise them to contact your AOR for any and all questions or comments. This scares them also because it establishes the fact that you are no longer willing to play their game, and that you have an attorney that is going to earn their 33%.... Hope it works out for you.
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They are not scared there are well over $40,000 in unpaid bills now that are over two years old. They DON'T care. All I can do is hope when we have our hearing that they order them to pay extra fees for being late
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No they aren't scared its your credit rating taking a hit not theirs. Your lawyer should do the talking you will only make his job harder because you are emotionally involved your lawyer isn't. He has to keep a calm head. If I had been involved in my settlement talks I would have settled a 100 thousand sooner than my lawyer did. Its why I paid him to do his job! while he came to me with every offer he advised not to settle I was on the phone to another member and covered in hives the whole time this thing was going on between my lawyer and theirs. When he came to me with the last offer he told me this is a fair one I believe you should accept. I did with the stipulation that a check came with them to the court signing 10 days later. And they did. If you don't trust your lawyer you are in a world of hurt because he is all that stands between you and a screwing that will last the rest of your life.
........I love cats, I just cant eat a whole one by myself......
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Jayne is right, it's ok to do somethings but when it comes to communicating with these people it is best to leave your attorney handle it. I just recently settled, 7 years since injury and very high medical costs from day 1. Don't think that you will get them to settle quickly without being screwed over. Don't go rushing off to the er everytime something hurts, they don't care and they sometimes don't cover the costs. They will go with the word of their dr not yours. They are far from being scared.
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