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Poll: your opinion with no liability please
Amount is good, settle.
Amount is low, hire the lawyer.
Get the second Dr. opinion they wont lower amount.
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Florida menescus surgery settlement opinion help. Future medical?
I injured my knee in 2011 while securing toe board on top of a scaffolding to get it ready for inspection. In hindsight I am pretty sure we were not supposed to be doing this, and we probably were not properly on payroll yet to be covered. The part owner of the company was "helping me out" giving me a job so I felt a lot of guilt when I got hurt. I went to a Dr at a walk in clinic that he paid for by credit card where I was told at first I needed an MRI but after he came to speak to the Dr. The doctor changed his mind, gave me an xray and told me to stay off my knee for two weeks and come back to see him. My appointment got pushed back over a month but in that time I realized that the company was up to no good because they did not report it as mandated. I confronted them and insisted they file it and send me to a Dr. In the meantime I learned allI could of the process. He had me go back to the worksite and try to "work" for an hour and go to the Dr after I "reinjured" it. At first the insurance company looked at the whole thing funny and denied it. I kept my mouth shut & limited my answers on paper as much as possible. I let them fill out the paperwork as much as possible & never actually lied, I just agreed tentavely because I needed my knee fixed & I was scared if I did otherwise they would deny it.
Now 2 years later after finally getting surgery that did not heal quickly I have a knee that still swells, pops loudly and aches by the end of the day. I took jobs that I could sit down at but I cannot find them very easily. I have talked the insurance company up to 18,000 and verbally accepted. This is not going to include medical or retraining, from what I can find out I will have to sign up for disability to qualify for retraining. The insurance adjustor stated that rarely do they pay for retraining and 18,000 is $6,000I spoke the average statewide settlement for this type of injury & surgery. I had to have them change my impairment rating from 0 to 2% because from what I can tell that is just an automatic number if you had meniscus surgery.
I am on unemployment because my last sit down job let me go, not enough proficiency and I am worried that I would lose unemployment if I actually put on the form "can not do this, this or this" because the workman's comp doctor put me back on MMI and doesn't seem to think I have any limitations. I am going to go and start the application for disability in the morning & hopefully they can give advice on what not to do because the Florida Ombudsman is a joke. Her answer to every question is "we can not give legal advice". I need HER job! I don't want to settle and have disability tell me that I have to give up the 18,000 to them before they will help me & I don't want to sign on with the lawyer just to pay her 20% just to get the same result. I am a week away from having to make the choice.
1) Gamble, get the cash & pray physical therapy I pay for will help the knee & paying $9000 to finish physical therapist asst school (yes, I see the irony)
2) Go to a second opinion Dr. & hope the offer isn't lowered because I'm making a fuss in case he claims it's arthritis that wasn't caused by the accident.
Experience, strength & hope would be appreciated.. I can't find if I can make a cash settlement & still get treatment & the lawyer won't offer her opinion on the settlement unless I sign her contract.

Messages In This Thread
Florida menescus surgery settlement opinion help. Future medical? - Stinkeye22 - 07-11-2013, 11:21 PM

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