1.why do attorneys like to settle wc cases for $24,999.99 2. question on pd rating process

Asked 11 months ago - Santa Maria, CA

went to settlement meeting and what I noticed was every atty was offering $20,000-24,000 to settle out that appeared to be a magical number I was blown away. also before going to my status meeting I asked my atty office to have my atty call be so that we can make a plan of action and I also wanted to know what my pd rating was prior to this meeting. I was told that he would provide me with that at the time of the status meeting along with any other issues. I keep reading here and other forums on how complex it is to rate a case for pd it took my attorney about 10 min to tell me what he and the DA came up with I just don't think that my attorney has a whole lot of interest in my case. and to make things even more suspicious the DA that was assigned to my case wasn't present it was another

Attorney answers (2)

  1. Greggory Mark Field

    Contributor Level 11

    4

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    Answered . 25k is a magic number only when settling cases that have a component of social security disability. What you describe/overheard (without knowing the facts of those cases) sounds like a coincendence. Not all those people had social security disability issues. Also, no attorney is settling a case for that amount if a higher amount is warranted. It is malpractice and a Judge double checks to make sure the settlement is appropriate. Remember we get paid based on how much we get for our clients. The more we get the more the fee. Regarding another DA showing up, that's not unusual at all. Your suspicions are unwarranted. Regarding the rating, we take classes to learn how to rate. They are complicated and the level of complication depends on the case. After we rate it, we are able to convey to our clients the work up we did. Regarding your feelings about your attorneys lack of interest, who knows. Your attorney came to the hearing. Spoke to you. If you don't like your relationship you can get a second opinion.

  2. Brett A. Borah

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Most cases at $25,000 and above require additional approval from Medi-Care. They don't want you to settle out your future medical care for cash and then turn to them to pay the bills. Settlements under $25,000 don't require this pre-approval. Getting Medi-Care to approve can take months to over a year. It is sometimes worth it to give up a little bit of cash to get the case settled now and get your money.

    it is complex to rate a case. It's as much art as science. But, like anything else, if you've rated 5,000 cases, it gets a lot easier to do. Once the case is rated, and different raters will often rate a report differently, it only takes a few minutes to exchange rating formulas and figure out where the two may differ.

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