After five years with my workers comp case the insurance wanted to settle and offered $5,00 (this was offensive) then came back and offered $20,000, I did not accept and my lawyer was upset that I didn't. I feel my lawyer was not at ll looking out for my interest nor cares Bout all of what I went through and continue to go through. What can I do?
Well you could get a free consultation from a different lawyer and see if settlement is a good idea or not? Without looking at the evidence in the case it's impossible to know whether that's a good settlement or not in your case but it is on the low-side.
I suggest you meet with your attorney to discuss why he thinks you should settle for 20,000. Ask him what the settlement offer of 20,000 was based on. I think if you understand what the offer was based on, you will understand why your attorney was upset that you didn't accept the offer.
So, call and schedule a meeting ASAP since some offers are time sensitive - they offer might expire.
Workers comp benefits in California are based on a strict statutory scheme. Much of that scheme makes very little sense, but it is the law anyway. A lump sum settlement is generally one that settles both the permanent partial disability (PD) and the value of the right to future medical treatment you would be giving up. The PD is based on what doctors who have examined you say about your diagnosis and limitations. The law then provides a formula for turning that into a percentage of disability. A chart then translates that into a dollar value. The future medical part of such a settlement is based on what your future medical treatment is likely to cost. There are no firm numbers for this. It is something that is open to negotiation. Whether $20,000 is a reasonable number really depends on how those two components of a settlement add up. So, sit down with your attorney and get an explanation of why your lawyer was recommending that you accept that offer.
You have an absolute right to change attorneys at anytime and are only responsible to pay a single fee of 15%.
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