Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
.
#1
Husband was injured on job. Starting having seizures not long after. We have two doctors for traumatic brain injury and opposing side does also. The day before our hearing the opposing side upped the offer by 15,000. Our attorney offered to take a pay cut to give us 10,000 out of his pocket to make it easier for us to settle. Said case was 50/50. Said case could go either way. Said he was unsure about our case. Said we could win traumatic brain injury buy was unsure about if we could win for permanent and total disability. We felt compelled to settle until after what was said. Opposing upped offer by ten thousand. I said see if they will add another five. That's when our attorney offered to take a pay cut so we could get an extra ten thousand. Opposing side also offered an open medical with possibility of a lifetime medical award. We now think we are being bribed. They offered 155,000. Permanet disability would be 700,000.
 
Reply
#2
in most jurisdictions the comp court has to approve all settlements. for the most part that prevents crazy low-ball type settlements.
the court knows the value of the evidence and the settlement has to be in line with the facts before they approve. the court will not allow fraud.

litigation can be long and frustrating. a permanent total award will likely be appealed especially if the evidence is 50/50.
generally disability is paid out over time and any lump sum payment would be heavily discounted so $700K is not the cashout value. run it thru a present value calculator to get a better estimate.
in many jurisdictions an award can be revalued if/when disability and work status changes in the future. even if he got permanent total now that could change. each state has different laws.
In many states if your husband dies tomorrow there is no settlement and no $700K. In general, that $700K may not be a sure thing.

they offered $155K for the PD and open Medical? if permanent total or $700K was a sure thing few comp courts would approve low settlement
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
Thank you much for replying. That eases my conscience. The 700k was what was left if he won permanent and total disability. He was earning 100k a year before he got hurt. Attorney was the one who did the math. My husband almost died in the hospital.
 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)