Private Mediation

[Cookiecrum]

I had a mediation set and then the attorney for the IC reset it with a private mediator at an earlier time. I know they are ready to throw my butt to the curb. I am rounding three years on what should have been a simple wrist injury ( to the insurance company anyways)
2 years ago they offered me 15000.00 and that was with them thinking I was done, needing nothing was only seeing an orthopedic and he wasn't saying much.
Now I am seeing a Psychatrist, taking anti-depressants, seeing a pain management doctor have an impairment rating of 15% and have a 10lb weight restriction and have to wear a brace. Can not return to previous job.
I know no one can tell me what I am going to get but I was thinking, if they offered me that back then not needing anything, wouldn't you think it would be higher now?
Any opinions? I am in florida

[jayne]

I have found that most settlements have no rhyme or reason with another there is just to many variables...

[Still in Limbo]

Cookie, this May Sound Odd, but it's Very True. The Very Best Settlement is what The Two Parties Agree On! Dollar Figures Vary Widely Depending on the Ins. Co. the Adjuster, the Defense Attorney, and how Hard Your Attorney Works for You! As Jayne Said No Rhyme nor Reason on Settlement Amounts!! Best of Luck!

[1171]

the average multiple disability claim in california paid $27,174

[bronco54501]

I guess it really does vary.... It just seems odd that average for CAL,, I was already paid almost 12,000 for just my shoulder (tear) no surgery and lower back combined 6%... And lawyer says its a drop in the bucket for what he is getting me for settlement. And to this day my lawyer has not accepted any fee yet as for I have done all the leg work... But have not had raiting on pelvis/hip and SI joint fussion, pluss many other problems... I hope my lawyer is lagit, and on his figures, I feel he is other wise he would have been money hungry and took fees along time ago...And I am also working full time.....

[Bad Boy Bad Boy]

Cookiecrum, mediation can then lead to arbitration if not taken care of in mediation?

You may wish to read this, as an Information base only. You will see it starts out with California, but there is some Florida issues here also. Take it as base knowledge of learning the mediation process.

http://gbr.pepperdine.edu/064/adr.html

Now as for the settlement amount an rating, surly this will be talked about. You first need to understand, that the injury you have have isn't a high disability rate to the Whole Body. As to these people, it is only a portion of the body, meaning it is only worth so many dollars $'s and so many cents. Your a number on a piece of paper to all within your case. They most likely don't even know your name, other than your attorney knowing it, but even to your own attorney, he/she has to look your case up by a Number. To Social Security, you are also a Number.

Will the amount have changed since the last offer? I would think there are going to be more then just $ Dollar amount changes, as you will show you still need on-going treatment. Always keep that in mind. Then keep in mind was is best for you. Before you agree to anything, ask for a brake so you can talk with your attorney in a private setting.

[Cookiecrum]

Say during mediation there is a settlement offer and I take it. Does anyone know how long it could take to get that? I am in Florida

[Bad Boy Bad Boy]

A few weeks to a few months, as all paper work needs to be drawn up, you, and your attorney have to review it, and accept or make changes, then it has to be signed by all parties, then sent to the work comp Commision for review and wether or not they accept it.

[kate]

In Florida if the IW is represented, a settlement may be made at any time without the approval of the Judge of Compensation Claims, except that the judge must approve any attorney fees paid pursuant to the settlement. It does not go in front of a commission.

Payment of the lump-sum settlement amount must be made within 14 days after the date the judge of compensation claims mails the order approving the attorney's fees.

That being said, depends on which judge you get because some are quicker than others.

[Cookiecrum]

I was wondering something, I looked up the schedule under my case and it says my mediation is on Feb 19th for private mediation, but then they have another appointment (not sure what for it doesn't say ) for the 27th of Feb and I looked and that is a Saturday. If everything doesn't pan out in this mediation I am thinking that's what the other appointment is set for but why would they do it on a Saturday?