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Are Psyche claims valuable?
#1
I claimed Psyche problems as a secondary injury to a herniated disc. It will be months before I can get a psyche QME. I am considering dropping it just to get my case over with. Only problem is my attorney is affraid to tell me the potential value of the claim without a report. I know shes affraid that I will claim she made me a promise after the settlement. I know attorneys aren't psychics. I would just like an attorney to tell me how much their past clients have gotten for psyche claims? It helps if I know how much I stand to lose. Any input from first hand experience would be greatly appreciated.
 
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#2
no WC claim is valuable............settlements are tricky things they are a complex bit of math that deal with the lost % of your future income and your lawyers ability to out BS your WCs lawyer.....Psyche claimes are rather hard to prove..unless you have a rather good case...
Put it this way I setteled with a 77% loss and ended up permantly disabled...my settlement was less than I could have made had I worked for 2 years and I waited 2 years for it...if not for my husband having a paycheck coming in we would have lost everything we owned waiting on it....and we still almost did anyhow....
If I had my choice I would have rather not claimed a WC case went thru my husbands insurance got fixed faster and been working today...not sitting in a damn recliner in constant pain
........I love cats, I just cant eat a whole one by myself......







 
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#3
(08-12-2011, 03:17 AM)tigerbite Wrote: I claimed Psyche problems as a secondary injury to a herniated disc. It will be months before I can get a psyche QME. I am considering dropping it just to get my case over with. Only problem is my attorney is affraid to tell me the potential value of the claim without a report. I know shes affraid that I will claim she made me a promise after the settlement. I know attorneys aren't psychics. I would just like an attorney to tell me how much their past clients have gotten for psyche claims? It helps if I know how much I stand to lose. Any input from first hand experience would be greatly appreciated.

Your attorney isn't going to commit to a valuation without sufficient information from the QME for Psych. She also won't give you exemplaries with regard to other settlements she's made because each case has different circumstances.

The bottom line is, there is literally no way to determine an expected valuation without full and detailed information.

It would not be advisable to "drop" the psych claim just to get the thing over with and settle the injury claim. One who does this generally loses some credibility with the WC carrier and prompts them to lessen the value of what might have been a reasonable settlement for the injury claim. The way adjusters see it is that you've become desperate and will take a small stipulated settlement because of that. That's part of their game.

I'd suggest you try to hold out until all the i's are dotted and the t's are crossed. The fact that you HAVE psych issues explains why you're taking a "surrender stance". Don't play into their hands. It could end up costing you a great deal in the long run.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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