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What does it means binding agreement with my workers comp attorney.

Kissimmee, FL |

I recently sent an e mail to my attorney accepting to settle my workers com case as he requested and I just read an e mail back from him saying the following.Please keep in mind once you instruct me to settle and I accept the settlement the courts in Florida treat this as a binding agreement at the time of my acceptance, regardless of whether the Judge has approved the settlement and regardless of whether you have signed any settlement documents. what does this means. please help me.

I had been under compensation for almost 8 months, I had 2 surgerys both for hernias one umbilical and another bilateral inguinal, and my back shows on a mri and ct a very bad really bad shape. and I have nerves that seems to be damage due to the surgerys and they only offering 12000 to settle the case. is this not a low offer?. I used to make 650 a week at my employer.

Attorney Answers 5

Posted

It means that once your Attorney says "Okay", you cannot back out. You have created a settlement contract with the Defendant.

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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Posted

I would agree. Based on the language the attorney sent you if you agree to settle that you are "bound" to that agreement

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Posted

If the parties have a meetings of the minds to the core elements, you have a binding settlement. If there is a misunderstanding of the core elements, you may be able to back out, but that is unlikely.

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1 lawyer agrees

Posted

It sounds like you may have a medical malpractice claim in addition to the workers' comp claim. If you check for medical malpractice (medical negligence) attorneys on this list or on the internet, I recommend that you strongly consider Betsey Herd, Esq.

Reach me at dennis@411financial.com, (877) 411-3462, or (954) 900-2939. Do you know the consequences of your legal situation on your Financial & Estate Plan? I run a Florida law practice and a nationwide financial planning practice (411 Financial) in which I mostly work with people/families who have recently undergone a legal claim like personal injury, divorce, wrongful termination, etc. I find that money without purpose finds a way of getting spent; so I work with my clients to make sure that they have something to show for all of their troubles well after their legal claims are resolved. Securities and investment advisory services are offered through Brokers International Financial Services, LLC, member FINRA/SIPC, Panora, Iowa, Brokers International Financial Services, LLC is not affiliated with 411 Financial, 411 LegalDox, or 411 FlaLaw. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.

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Posted

$12,000 sounds very low if you cannot return to work because of your injuries. Have you been fully worked up medically to see what, if any, problems you may have with other areas of your body, such as your low back or emotional problems due to injuries you sustained and the surgeries, such as depression, anxiety, difficulty sleeping, concentrating and paying attention. If, however, you have returned to work and have shown an ability to work even if at a reduced salary, then the settlement may be a fair settlement. You have not given certain information that would be necessary to determine the answer such as your age, your educational level, your past job level or your physical restrictions. Nor have you indicated whether you returned to work for the same employer or any other employer since the initial injury. These and other factors would be required to give a better answer as to whether the settlement is fair or too low.
Robert Shapiro
Miami
305-373-1099
advocate1@comcast.net

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