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Gardena, CA |

1.-Went to a MSC, 2.-DA offered amount to settle by C&R 3.-I agree but my Atty ask me if it was OK to ask for more, I say yes. 4.-My Atty came back and say "Everything went well, DA did not say YES or NO but she will need a couple of DAYS to get the OK from IC". 5.-I said: In that case I take her offer now to settle. 6.-My Atty said NO lets wait few days and see what they come back with, worst that can happen is we settle for the amount they were offering you today. 7.-I told my Atty I was worried that IC will withdrawal offer to settle if we waited. 8.-My Atty said that will not happen because DA didn't say TAKE IT or LIVE IT. 9.-It's been over 2 WEEKS and I haven't heard anything I ask my Atty to settle case but instead I'm going to trial. All I want is to settle, What is Going ON?

The only reason why I did not settle on the Mandatory Settlement Conference day is because my Attorney promised me that the offer amount to settle my case from the Defence Attorney will stay on the table and that my Atty just wanted to see if IC will agree on a better offer amount, Is my Attorney Right? Does DA offer stays on the table, if not What can I do? Thank you.

Attorney Answers 4


I agree with Mr. Boras. Your attorney knows what is best for case and how to get it resolved and your concern is not uncommon. But the reality is offers are rarely pulled off the table. This is just a little dance that takes place before the matter is resolved and you will probably be very pleased at the value of waiting a couple of weeks. That being said, you are the boss.

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A counter-demand technically works as a rejection. I hope that you still get your money, but your Attorney is really the only one who can help you presently.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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It is rare for an insurer to take an offer off of the table. I would trust your lawyer in this matter. The impatient mouse gets less cheese.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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It's your case...not your lawyers. He should be doing as you asked. Having said that, it is not unusual for the IC will increase the offer closer to trial. The often consider the initial offer to just be a starting point in the negotiations. Think about the last time yo bought a car. Did you take the first price given? Probably not. After some negotliations, you probably got a better price. Just because it is set for trial doesn't mean that it can't settle "on the courthouse steps." I expect that this is what your attorney is planning to try to squeeze more money out of the carrier.

Having said all of that, you really should be talking to your attorney about this since he is in the best position to know your case, the other attorney, the IC, the trial judge, etc.

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