settlement offer - Printable Version
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settlement offer - backache - 07-08-2008 07:44 AM
My lawyer called yesterday and said that the insurance Co. had offered a $10,000.00 settlement offer. I of course would end up with $8,000.00 with my lawyer getting $2,000.00. They would no longer pay medical for my back. When I spoke to my lawyer he told me if I take the offer I will no longer get any benefits, but if I don't it will be up to the judge if I would continue to get benefits or they would cease. My PCP is giving his deposition on July 25th and the lawyer said he will hear from the judge by August. My PCP told me there is no way I can go back to my former job with my back the way it is I also know this in my heart. The settlement is 1/4 of a years wages that I normally make and I don't want to take it, but I am affraid if I don't the judge will discontinue my benefits and I will get nothing. My PCP seems very confident about the deposition. The judge has sided with me up to this point. Could someone tell me what will happen if the judge continues my benefits. Will the IC continue to give me a hard time? How many other Dr's will they send me to? What will be the IC's next move if I continue to get benefits be?
RE: settlement offer - RNvic - 07-08-2008 09:22 AM
Backache- has the doctor put you at mmi? If not then you are not ready to talk settlement. also have they offered voc, rehab? also ask your lawyer about wage diff, there are alot of things that need to be taken into a final settlement. Also medication or pain management. I know when we were at the castle you had a hard time walking at times and were in a great deal of pain. Have they sent you to see a specialist in the city? Have they tried a tenn's unit to releave some of the pain and nerve pain? Just food for thought.
RE: settlement offer - Bad Boy Bad Boy - 07-08-2008 09:41 AM
Backache, has anything been done for you and your pain? Has your Treating doctor said you need surgery now, or in the future? Can or has your doctor stated to you, anything in the near future will help with your pain?
RE: settlement offer - Timothy Belt - 07-08-2008 09:48 AM
If I remember correctly, your claim is in PA, so if you win, they can just try again. I am curious as to what the current petitions are. If it is a Petition to Suspend and not a Petition to Terminate, worse case scenario is that your wage loss benefits stop and your medical continues even if you lose. I am sure your lawyer has discussed that with you. There are many factors to consider. MMI really doesn't mean anything in the PA legal system with the exception of being able to perform an IRE. Different judges have different leanings, so it is important to talk to your lawyer about this factor. Furthermore, even if your doctor testifies well, that does not mean that the judge may not find the other doctor more credible. There are some doctors that testify so often that the judges just do not take them seriously. Again, this is something that you need to discuss with your lawyer.
RE: settlement offer - Bad Boy Bad Boy - 07-08-2008 09:56 AM
One other thing to think about;
A settlement offer of say $10,000.00 will not even cover a surgery if you need one. If it has been said you should need surgery, adding the cost to the settlement might be a better way to go.
RE: settlement offer - Tuffy - 07-08-2008 10:49 AM
Backache, I was also offered a low settlement. I refused as it was there first offer. Being my age had alot to do with it my attorney thought I should take the offer. I held out and they did come back with a second offer which I thought was decent, and I accepted........ I am in Illinois and I know that different states have different rules. But I don't know if I would go for the first offer ........ It has to be your choice, Good Luck in whatever you decide.
RE: settlement offer - sparkey - 07-08-2008 12:01 PM
Personally I think that is low also. Have you had a PIR Rating? If you are still having pain, what is the future going to hold for you in your pain managment, treatments etc.? You really have to stop and think how that money without benefits is really just a way of them washing their hands of you.
I would NOT let them close your medical. This could be a life long injury and this is just my opinion. What if surgery is right around the corner, or you continue to get worse? I know you are put in a very difficult situation right now and I could not imagine having to make the decision you have to make.
You really are the only person who really knows what to do. Just make sure that you are comfortable with what you decide. My thoughts are with you. I will be having to do the same very soon. I am sure my offer could be much less. What really matters to me, is my medical care. If I am refused surgery and they left me to live with this pain for life, medical is much more important to me than a cash settlement.
RE: settlement offer - Still in Limbo - 07-08-2008 12:45 PM
Backache, You and I discussed a Bit about what I went through, and what I'm about to give You is My Opinion Only, from Someone who's been there. If the Medical Evidence and Dr.'s Testimony Supports Your Claim, Fight!! This is a Pretty Much Standard Settlement Offer to See how Confident You are, and if You are the Type that will chance a Hearing or just take the Money and Run!! And in Your Situation Your Back is No Where near Well, and Your Job is gone!! Just set down and think of $8K, and how much of an effect it will have in Your Life to have that vs. Fighting on for what is Rightfully Yours! I have Met You and See the Pain You are in, $10K is a smack in the Face, so My Opinion, give them Both Barrels and Fight!!!
RE: settlement offer - red1030 - 07-08-2008 02:25 PM
Backache, all I can say to you, is your carreer is not over. There are a lot of things that a Nurse can do besides work the floor. You could work for an insurance company, even be a claims officer for W/C. I believe you to be a beautiful nurse who loves being at the bed side with residents/patients and this I understand. The resident is what makes our day so wonderful. A simple smile, thank you warms the heart.
As for your settlement, I too agree that it is too low. Del made quit bit more than your indication and he also accepted a very low settlement. I would give caution to why if you are still on TTD and have not had a surgery, why the IC would want to settle now. The timing does not appear to be in your favor at all. However, inspite of all of what I think, Mr. Belt doesn't feel quit this way and I would trust his advice or statements, so go with your heart and your head. You know what you need to survive and to continue to feel good about your situation. Love you Red
RE: settlement offer - jstadfrntpn - 07-08-2008 08:43 PM
i am fairly new to the game, 99% of what i know, i have learned from the wonderful poeple on this site, i have a backache as well. The money sounds good when you have none. But trust me when it is gone you will still have a backache, and no other insurance will cover any surgery, bc it is workers comp injury, and besides that, a back injury. For your benefit you my opinion is that you should hold out, your injury, your wellness will require more than $8000, to make you go away.