Perm. impairment ?

[lfoster21]

Hello all, I want to make sure that I understand a couple of things. My lawyer said that she would be asking for a settlement for me and that it would average out to the rest of my weekly payments for the remaining 500 wks. (which is another 5 years), also an amount for both of my legs, which are PI, and then the medical will be done as a set a side for Medicare.

Question 1, From reading some of the other posts, it sounds like there is a lot of back and forth between us the the i/c, in order to come up with a settlement amount. But my lawyer just did the math in front of me, and said that 5 more years of my weekly pay would be such and such an amount and that the settlement would be slightly less than that, to account for the interest that they would have gained, if they did not pay me right away. It just sounded odd having her say that this is what I would get rather than this is what we will fight for. Does that seem to sound right to anyone here? (Just to be clear, I am just talking about the wage loss amount...not the PI amount.)

Question2, if I have both of my legs, that are perm. disabled. and ea. get their own rating, do they add those 2 ratings together or do they average them out, or something else, when figuring out the PI amount?

Any thoughts would be appreciated. BTW, I am in VA.

[Still in Limbo]

I'm not Versed in Va. Laws, but Some States, such as Pa. where I am allow Negotiations at Settlement Time, while Other States have a Set Rate with No Negotiation. You May want to Check and See how Your State is Set-Up. I Hope You are Allowed to Negotiate and You get Close to what You feel is Fair!! Best of Luck!!

[lfoster21]

Thanks for your reply. I hadn't heard of states that had fixed amounts and that would make sense, if that is the case here. My lawyer just did the math really fast and said, Your checks are this much and you have 5 years left, so that would equal this amount. Like, that was that and there would be no negotiations...which if that is the case, I am ok with it. I'd rather it be like that, than to have to fight back and forth.

Thanks again

[1171]

different states have different areas of "subjectivity" within their benefit laws. These areas are prone to dispute and require negotiation. Virginia has a more defined and objective laws with regard to residule disability determination. Other areas controlling liability, causality, mental/emotional claims, etc. can be more difficult to pursue.
that's why the need and demand for legal representation can vary greatly depending on individual issues.

[lfoster21]

Well thanks for the explanation. It makes a bit more sense now, that I realize that VA tends to have more defined rules etc. I trust that my lawyer knows what she is talking about, it just seemed curious after reading some of the other posts.

Thanks again