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Is it better financially speaking to settle a worker comp case at mandatory msc conference or to take the case to trial?

Long Beach, CA |

i would like to know if the award is greater if it is taken to trial or what benefits are there to just settling at the msc conference?

Attorney Answers 5

Posted

As Mr. Corson indicates, you're very unlikely to get everything you want at an MSC settlement. By accepting the settlement, however, you're guaranteeing that you'll at least get something.

If you go to trial, anything can happen. Trials are unpredictable, and you could end up with everything you originally sought (i.e., more than you would receive in settlement), or you could end up with nothing at all.

The course you take will depend on your particular circumstances, the strength of your case, and your willingness to take risks. Finally, if you have an attorney (which I hope and believe that you do), you should be discussing this question with him/her, first and foremost.

Good luck to you.

The information presented here is general in nature and is not intended, and should not be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author, and Pham Law Group does not represent you as your attorneys until retained by a written retainer agreement signed by both parties.

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Posted

There is no way to tell you what will happen if you take your case to Trial. The General Rule is that you rarely get as much at MSC as you might get at Trial, but Trial almost always has the risk of LESS or even ZERO. Both parties typically settle somewhere between their Best and Worst outcomes, and only your Attorney can accurately discuss what is fair with your specific facts.

We give free general concepts to be helpful, 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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Posted

If every case got more $$ at trial, who would ever settle at MSC? I agree with my colleagues.

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Posted

By settling prior to trial both parties are hedging their bets against the uncertainly of the outcome at trial. It is often a risk vs. benefit analysis.

As a workers' comp lawyer for more than 2 decades now, I can assure you that sometimes we lose cases we think we should win, and sometimes we win cases we think we will lose. Even a highly experienced lawyer has trouble accurately predicting the outcome of a trial or hearing. But if your case was a slam dunk, you would not be needing a hearing. So you would certainly have some degree of risk by going forward to a hearing or trial.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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Posted

They only consideration I would like to add to my Colleagues answers is that a settlement at an MSC is general going to be a lump sum payment and if you go to trial you will generally receive weekly benefits. Some people prefer to get their money all at once and up front while others prefer to spread it out for many years.

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1 comment

Brett A. Borah

Brett A. Borah

Posted

Mr. Snapp is talking about the difference between a Stipulation with Request for Award and a Compromise and Release. Both are available at the MSC and both are available if settlement is reached prior to Trial. Depending on the facts, you may get all of your money at once even if you go to trial.

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