I'm nearing 5 years since my date of injury. Insurance company is offering a lump sum. Do I need to settle or leave it open?

Asked about 1 year ago - Glendale, CA

The QME gave me a low rating and I'm still in pain and worried about needing future care. I don't have legal and no one will take my case because it's too old. What are my options?

Attorney answers (4)

  1. George Ellis Corson IV

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Option 1 is to get an Attorney, which sounds like it failed due to the low value of your case.
    Option 2 is to accept the Compromise money, and take responsibility for your future treatment.
    Option 3 is to reject the Compromise money, ask for a Stipulation settlement, and leave your Future Medical treatment open.
    If you are concerned about future treatment expense, I would suggest Option 3.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  2. Richard Andrew Harting

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . You need to hire an attorney to review the file and the QME report which may be flawed. there are a few ways to attack your matter. the age of your case shouldn't make much difference in an attorney taking the case, unless you had prior counsel for those period of years.

  3. Brett A. Borah

    Contributor Level 20

    2

    Lawyers agree

    Answered . I don't think your case is too old for an attorney to take. I would have problems taking it because you say you don't want to settle the case. If you want to leave things as they are, you don't need or want an attorney. Why would I take that case? What would you want me to do?

    Consider, however, that you may be entitled to some $$ from the insurance company and you can settle for that PLUS continuing medical coverage. That's better than what you have now. Rather than settling by Compromise and Release (lump sum with no medical) ask about a Stipulations with Request for Award (less money but continuing medical care).

  4. Peter Joon-Sung Hong

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Despite what you may have been told by an insurance adjuster, a QME's opinion isn't controlling and there may be issues to flush out. I really doubt the age of your case is preventing attorneys from taking your case. There may be other issues. Keep trying and someone will probably take the case. Or, discuss with an Information and Assistance officer at your local District Office.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,466 answers this week

2,728 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,466 answers this week

2,728 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary