I thought my case was going to settle, due to a deal not being agreed upon, my attorney offered a % of my disability by stips.

Asked about 1 year ago - Chino Hills, CA

i have been off for 5 yrs and i hope to end this nightmare but how long does it take to settle my lump sum settlement is there a time frame they have to follow like they make us abide by the 2 sides cant come to a reasonable agreement because of some so called ptd payments that were made and cashed by some person other than me .i was told the defendants are investigating who the payments were made to and who cashed them so now i have to wait longer for my settlement

Attorney answers (3)

  1. Gerald Franklin Batchelder

    Contributor Level 13

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    Answered . No one can force anyone to settle a case by lump sum settlement (compromise and release--C&R). That can only happen if both sides are willing to settle that way. Otherwise, the only thing that can happen is to determine the percentage of disability (either by agreement or by trial), and get an open medical award. That would be why your attorney proposed settling by stips.

  2. Greggory Mark Field

    Contributor Level 11

    4

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    Answered . It is so hard to say without more information. Perhaps your attorney can file for a status conference at court to push the carrier to produce the copy of those checks and try to move toward settlement.

  3. Brett A. Borah

    Contributor Level 20

    2

    Lawyers agree

    Answered . Since you have a lawyer, you really should be talking to him about this. He knows you and knows your case better than any of us here on avvo.

    There is no formal time line for settling cases. To settle a case, you have to have a willing seller (you) and a willing buyer (the insurance company) and you have to agree on a price. You know from buying a house or a car, those negotiations can go on for 5 minutes or for weeks and even months (look at how long the negotiations in D.C. just went on). You've already pointed out one glitch in the negotiations. Since your attorney doesn't get paid until he gets the job done, he has an interest in getting the case resolved as soon as possible.

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