Style ,ability, intelligence, reputation and past success all play a part in getting the best settlement or verdict. Location of the lawyer may or may not have an impact in a Jones Act case. This is because the claim may be brought in Federal or State court. Some areas of the country are more favorable than others. If it is a Longshore case then a good lawyer in the area where suit must be brought may be a better choice. Use your gut if they appear to be equally talented.
You may have a claim against your employer if their conduct amounted to an intentional act or was so reckless that it was a substantial certainty that the accident would occur. You may also have a claim against the general contractor. In addition to the above you may also be entitled to New Jersey workers compensation benefits even if you're being paid under the table. You need to contact a law firm that can navigate the very complex interplay between Worker's Compensation, the exceptions to...
The terms you are using don't normally apply to a personal injury case. In the worker's compensation court it is an " Application for review or Modification of a prior Award"
This is a proceeding to either have your award incresed if you have gotten worse or to stop benefits if the employer has evidence that you may have improved or commited a fraud.
In general, a seaman is a person who spends a significant amount of his/her time working as a crew member or a captain on a vessel (almost any kind of ship or boat) that is considered “in navigation.”
As your father was a crew member, this would be a Jones act claim.
The Jones Act requires a seaman’s employer to:
provide the seaman with a reasonably safe place to work, and
use ordinary care under the circumstances to maintain and keep the vessel on which the seaman works in a reasonably...
That is the subject of an ongoing debate in the workers compensation courts all over the state of New Jersey. My personal position is that unless the subject body part has been injured previously or you have a medical condition that would impact your treatment that the workers compensation carrier and their attorneys are not entitled to the records. It is a case-by-case analysis.
Your permanency award will be based upon a number of factors. The treating doctors discharge diagnosis, the opinion of your expert evaluator, and the opinion of the insurance company's expert. As you have previously fractured this ankle there will also be issues of prior functional loss for which the insurance company may be entitled to what is called an Abdullah credit.
Changing attorneys is generally not the answer if overall you are satisfied with his or her performance. The fact that you are treating with an anesthesiologist leads me to conclude that the orthopedic doctors who saw you had nothing further offer. An anesthesiologist generally performs injections and other pain management treatments. I would suggest that you call the attorney and speak with him directly.
It is very difficult to get. I have only filed 2 or 3 in 25 years. You need to be starting a business, buying a car to get to work,or using the money for a house etc. The Judges require very detailed papers and facts not just mere statements. The statute is below.
34:15-25. Commutation of award. Compensation may be commuted by the bureau at its present value, when discounted at five per centum (5%) simple interest, upon application of either party, with due notice to the other, if it appears...