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My lawyer is asking for 167,000 in a settlement for a workers comp case what would be reasonable amount to settle herniated disc

Brooklyn, NY |
Attorney answers 6

Posted

Does doctor give you causation? Have you had surgery? Is surgery medically necessary? What are your permanent restrictions? The answers to all these questions and more must be provided. Your attorney knows your case best. Why are you second-guessing him?

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein 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. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

Posted

Much more information is needed. Are you talking about a section 32?

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

Unlike a lawsuit, a workers compensation claim and settlement are not driven by the value of a particular injury. Instead, all awards and benefits are based on your average earnings, the benefit rate based on those earnings, the type of injury, the insurance carrier you are dealing with, and other factors.

For example, although a herniated disc in a lawsuit may be worth $1, the question asked in a compensation case is do you have a permanent injury, what is your loss of earning capacity, are you out of work and so on.

Therefore, you should speak to your attorney if you have one about how the number was arrived at and what it means. Also, be sure to ask if it includes medical!

Good luck!

EVERY case is different. The answers provided here are general and not related to the specifc facts of your case. I am not your attorney and if necessary you should seek legal counsel. This answer is NOT to be considered legal advice and there is NO attorney client relationship implied from this answer.

Posted

There is no way to answer your question adequately with the limited information you provided. However, on a general basis, a one time settlement under Section 32 of the Workers' Compensation Law is based on a number of factors aside from the specific injuries you sustained. Your average weekly wage determines your compensation rate possibilities. Then the degree of your disability or percentage of your impairment. Once your rate is established if the accident date is post March 2007, your loss of wage earning capacity must be considered. This will tell the maximum number of weeks/years of compensation payments you may be entitled to. From there, the negotiations between your attorney and the carrier determine the tentative settlement amount.. Of course the final decision whether to settle or not is up to you. Since you are represented, you should really discuss this with your attorney so that he or she may explain the way they arrived at their settlement demand and the meaning and consequences of the settlement. Good luck.

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This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.

Posted

Your attorney sounds very ambitious, and extremely optimistic about your case.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

Posted

Your lawyer is the only person who knows the facts

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