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IVE BEEN WAITING 2 YEARS FOR WC TO SETTLE I RECEIVED ONE CHECK OF 1,900 DOLLARS I NEED AN ADVANCEMENT IS IT POSSIBLE

South Gate, CA |

WORKMENS COMP MADE AN OFFER ON AUGUST 22, 2012 I TURNED IT DOWN ON OCTOBER 12, 2012 MY LAWYER PASSED AWAY AND WE HAD COURT ON NOV 8,2012 I HAVE A WILLFUL MISCONDUCT AND I ALSO SUFFERED MANY LOSES AND I BECAME MENTALLY UNSTABLE I NEED SOME SORT OF ADVANCEMENT

Attorney Answers 3

Posted

You want money, but you do not want to settle? You are missing 90% of your facts, but my educated guess is that you are out of luck. If the Defendant advanced about 3% as there estimate of your Permanent Disability, then all your remaining value is subject to settlement. I am sorry that your Attorney died, but you should probably try to get another one.

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

An Advance on Permanent Disability Indemnity due is possible... but extemely unlikely.

The Insurance Company holds the purse strings.

It is the Insurance Adjuster's personal judgment as to whether it helps the INSURANCE company to pay you some of the money still outstanding to you prior to a judge ordering it.

If the adjuster knows you're desparate, the answer is typically 'no, thanks.'

Did the attorney file the Serious & Willful Misconduct Petition? Do you have all your witnesses and documents ready to prove what was in the mind of the employer (proving a mindset being virtually impossible)?

Sounds like you need a CERTIFIED SPECIALIST workers comp attorney .... and soon.

If there is ANY possibility of you WORKING instead of begging an adjuster for money, I strongly suggest finding work appropriate for your level of functioning. Begging an adjuster for money always turns out badly for the injured worker... they presume you will take any low-ball offer instead of fighting at trial because you can't afford the trial it takes to get through a Workers Compensation trial.

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Posted

DON'T SHOUT. You need to get another attorney ASAP if you want your case settled or tried.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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