Sunday, August 7, 2011
Should I settle my workman's comp case?
I fell of a roof a little over a year ago. I had my first mediation today, and my lawyer and I met with the insurance companies lawyer and a judge. This is all new to me and I am in the need of a little guidance. I have a disability rating of 35% from my lawyer's doctor (an independent physician). The workman's comp doctor gave me an original rating of 15%. While in the courtroom there was some offers and counter offers. My lawyer made a offer of 27.7% disabled which would translate to about $31k. The workman's comp lawyer came back with $27k. oh I forgot to mention the judge had said that I should be awarded $6k for my medication over the next 10 years, and the opposing lawyer said they would pay $3k. So the problem that I face now is should I settle now or take the case to trial? Oh and they will not keep my medical records open unless I take it to court. So far every Dr. that I have been to has told me that I will need medical treatment in the future. So I am skeptical of taking an offer that would close my case. My lawyer has said that the trial would probably not come about for at least 7-9 months. So any opinion will help. I have a new family and want to do whats best for all of us. financially we need the money now, but I would be willing to wait for a better settlement. (if it would be worth the wait). I appreciate any help thank you
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