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settlement delays
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03-25-2009, 04:21 PM
Post: #1
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settlement delays
Hi everyone,
Can a new injury to the same body parts delay a settlement for the previous initial case. I had a back and head injury in 2003. the case is still unsettled. In 2009 i hurt my back again at work. can the second injury delay the first one's settlement? Thank you. |
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03-25-2009, 04:53 PM
Post: #2
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RE: settlement delays
The State of Your Injury and More Info. would be Needed for a Correct Answer. Have You Settled, or are You in the Settlement Process on the First Injury? Is the Second Injury being Treated as a Re-Injury of the First, or is it a Separate Claim?? Any Info. You Provide will Only Help You to get Better Responses. Good Luck!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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03-25-2009, 05:35 PM
Post: #3
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RE: settlement delays
not if it's obvious how much disability and treatment should be allocated to each.
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03-25-2009, 07:41 PM
Post: #4
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RE: settlement delays
1171 Wrote:not if it's obvious how much disability and treatment should be allocated to each. I was due to have settlement numbers last week but was told by my lawyer that since i had put in another claim for overlapping injuries that my case would now be delayed /postponed for another cycle(3 weeks).i had hired a different lawyer for the newest claim and from what the new lawyer told me it sounds like the lawyer from the first case is not being truthful with me about my case being postponed . |
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03-26-2009, 02:03 PM
Post: #5
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RE: settlement delays
sounds like you need one lawyer handling both your work comp claims so that the results are coordinated.
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03-26-2009, 02:45 PM
Post: #6
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RE: settlement delays
I would think having two lawyers would really mess things up. What happens if they decide the first injury contribited to the second? Seems like the lawyers could be fighting over how much money goes to each injury. Could you be pay 40% on that to the lawyers? Sorry I just don't know the laws in that case but if would seem if both lawyer don't get along well it could hurt you in the end.
Was there a reason you didn't use the same lawyer? |
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03-26-2009, 02:55 PM
Post: #7
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RE: settlement delays
WoW, talk about getting yourself into a major mess.
Why in the heck, would you even think about Hiring a 2nd Attorney when you have an on-going case as it stands? Surely your Attorney #1 isn't happy about this. And I will bet that Attorney #1 charges Attorney #2 for any information, Records, and Documents that will be needed for case #2 now. And all that will simply cost you more money at settlement time. Second injury to the same area will be discounted anyway, so there isn't going to be a lot of settlement money there. If the State Work Comp Board, Attorney #1, or the Insurance Attorney wants both cases handled at the same time. You may have a bigger problem then. Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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