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I am currently in a personal injury case. I was at work deploying workers and fell victim to a drunk driver on the grounds.

Inglewood, CA |

I am currently in a personal injury case. I was at work deploying workers and fell victim to a drunk driver on the grounds I am one of 3 people that were in the accident, we have filed a lawsuit against the parties that are liable 3 out of 5 of the parties are not awarding me any compensation. Another person that was involved in the accident is receiving funds from all 5 parties as well as her husband that was not involved in the accident but is suing for a consortium claim. I have received settle agreement papers in which the husband is awarded more money than me and I was in the accident, I believe this settlement agreement is unjust and I would like to know at this point what can I do? And if you judge this as fair enlighten me as to why ?

Attorney Answers 6

Posted

You've posted your question in the workers' compensation section. Your question, however, has to do wit a personal injury settlement.

Slice you were on the job when you were injured, I hope you have also explored a workers' comp claim. If not, you should do so immediately.

Do you have an attorney for your personal injury case? If not, why not? The other side are all pros at what they do. You are not a pro in this field. Do you really think you can match them? If you do have an attorney, you should be asking him/her your question about the settlements.

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Posted

Unfortunately this is a question only your attorney can answer since they know all the facts

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Posted

Regarding the personal injury (PI) case, I cannot comment directly on your question regarding why the husband would get more money but perhaps his damages were greater than yours, or, perhaps he has a better attorney than you do?

Regarding workers’ comp (WC), are you aware your employer can receive a credit in the workers’ compensation case against the money you receive in the personal injury case? What that means is you won’t get further workers’ comp benefits until the amount of money you received in the PI case would have been spent. You are often better off simply pursuing WC benefits. Some PI attorneys don’t explain that to you.

You should consult a workers’ compensation attorney to evaluate whether you are better off abandoning the PI case because you can receive more in benefits under the workers’ compensation system. Do you know how much you could get in the WC case? Do you need future medical care? Did you loose time from work that could be compensated as TTD? You should know the answer to all of these questions before you settle the PI case. If you settle the PI case first it will be too late. Your PI attorney will likely receive a huge chuck of money on a contingency fee so he/she may try to push you towards a PI settlement versus a WC settlement. I would never settle a PI case before consulting a WC attorney first.

If you are unrepresented in the PI case, try to find a reputable attorney who handles both PI and WC. Good luck to you!

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Posted

I respectfully suggest you speak to the attorney representing you and discuss openly your concerns about the proposed settlement.

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Posted

1. Please consult a WC attorney because you have a solid WC claim.
2. Nobody here can value your claim or anyone else's without reviewing medical records.
3. If the other people have an attorney and you do not, you have your answer.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

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Posted

Best to discuss with your lawyer

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