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I had an injury at work. I went through the State's Workman's Comp process and am at the point of determining the monetary compensation due me resulting from residual impairment. I am a mobil laborer out of TX, the accident occurred in Indiana wh...
If I understand, you "consulted" but did not HIRE an attorney. You had potential jurisdiction in Nevada, Texas, and Indiana. Indiana has some of the most restrictive and lowest reimbursement WC laws in the country. If you had alternatives, whomever counselled you to stay in indiana where you have NO say over what doctor you see or when you your medical care is complete, gave you really bad advice. If you were hired in NV, you could have chosen NV. If the company is based in TX, you could have chosen TX. If the case is not settled, it may not be too late!!!
Indiana is one of the few states where the best attorney is almost never able to add value to your claim because the value is determined by your doctor and a formula set forth in the statute. They CAN and SHOULD advise you to compare the benefit rates in you alternate venues. CHECK out the other venues ASAP by calling a WC attorney in TX and another in NV.
Good luck.See question
Hi, I was shopping in a store and something fell on my foot. They wrote an incident report but refused to refer me to medical care. I saw a doc and the bone was not broken but badly bruised, it still gives some pain. They sent a letter fro...
You waited too long. If you had contacted an attorney when this happened he could have guided your recovery. You would have secured a definitive diagnosis and the claim could have been settled within 9 months or so. Now, you are asking an attorney to invest at least a year of his time and to spend more than $1,000 to file suit and complete Discovery. Moreover, if the medical care is all liened against the file and your injury is so minor, the expected recovery may not be enough to pay the medical bills and attorney fees without the attorney seeking adjudication of the medical bills. More work for very little money. Waiting is ALWAYS the wrong thing to do.See question
The person hit me we both have the same insurance company, Is this a first party claim? the insurance company said it is and I can not claim diminish value. Is this true? I call the insurance company and they said the other party was at fault. ...
A first party claim is a claim on YOUR policy. You describe a 3rd-party claim. Does the police report assign fault? Either way, if you were injured, you need to consult an attorney.See question
The insurance company is fixing the car, 2013 Cadillac XTS, but do not want to give me diminish value, and I also was hurt. Do I have to take the car. Thank you
Indiana Courts have recognized diminished value claims since 2004 and you have 6 years to bring them. If the defendant's insurance refuses to acknowledge the diminished value claim, contact local counsel to assist. You need to do more than say "Pay me for the diminished value." Prepare an affidavit from the local cadillac dealer which states the amount of the diminished value and send THAT to the insurance company.
You may or may not be able to find a local personal injury attorney who is familiar with this area of law. If you can find someone familiar with both diminished value claims and personal injury, that would be your best bet. Good luck.See question
i have a workers compensation and personal injury case but my lawyer says that any money i win from the workers compensation case I will have to return when I win the Personal injury case. Is this True, Yes or No?
You NEVER have a "double recovery." But there is more to it. The statutory lien on the PI case consists of 3 components: 1.) All Medical costs; 2.) All TTD; and 3.) All settlement proceeds or award. Add those 3 items and you have the amount of the WC lien on the PI case.
Assuming a 1/3 contingency fee on the PI claim:
If the WC lien is $100,000 and you recover $200,000 from the PI Defendant, your recovery should be $66,666.67 - costs, as follows:
First $100,000.00 - $75,000 (minus pro-rata share of costs) to WC and $25,000 attorney fees
Second $100,000.00 - $66,666,67 (minus costs) to you and $33,333.33 attorney fees
Your attorney should NOT be charging you a 1/3 fee on the amount of the PI recovery that repays WC as that fee is set by statute at 25%.See question
Cop said I was speeding in school license was suspended but car had proper plates and valid license owner they searched the car and found drugs but never wrote speeding ticket which was the probable cause and my PD want me to take first plea deal
Not on your facts. You don't deny that you were speeding, only that you didn't get a ticket. The officer could simply give you a ticket, if you insist. There are no "gotcha's" in this area of law but if you have a legitimate defense, you need to discuss it with an attorney.See question
Friend has done this for her friend because he license is suspended and maybe more. I am just trying to make sure she isnt at a legal risk if friend gets pulled over or in a accident? i have had a friend say it may be insurance fraud or something ...
We do not give legal advice. This site is educational. Your friend is just stupid. If the unlicensed driver has an accident in her car, she is personally liable for all property damage and personal injury. If she wants him to have a car, GIVE him the car so it is HIS responsibility.See question
I Have a possession of marijuana (less than .001 g found) and possession of paraphernalia (a grinder) charge. I was talking to a lawyer and he said he wants to charge me more because the county the court is in has only had 90 misdemeanor cases all...
I have no familiarity with Benton County. That said, it is absolutely true that similar offenses are dealt with more harshly in rural counties. Local counsel will know best.See question
Car was searched and found a one hitter in the ash tray and a grinder was found in the center counsel. It's not my car it's my mom's but I'm the main driver. I was charged possession of marijuana and possession of paraphernalia. There's obviously ...
NONE. Contact a local criminal defense attorney to keep this off of your record by means of deferred prosecution.See question
I don't wanna loose my lisence
If neither you nor the owner had insurance, You don't "beat it." Consult a traffic attorney in the county where the ticket was issued to learn exactly what he can do and how much it will cost.See question