Workers’ compensation cases are each very unique. It’s hard to determine what each one is worth, the outcome, or if you should settle or not. They do all share similarities however, and we are here to help with your individual needs. In this video, I will cover some of the basic questions surrounding workers’ compensation cases, and what you should do with yours.

Each case is different. My goal as your lawyer is to guide you through the process. If you’re watching this and I am not your attorney, make sure your lawyer analyzes your particular case. You don’t want your case shoved off to a paralegal. We will compare a settlement amount to what the potential payout would be if we didn’t settle.

Statistically, cases do settle. Why? Because insurance companies operate under ‘The best file is a closed file’ mentality. It’s better for an insurance company to have a one time payment and close the case.

Your best defense is to hire a good lawyer that will analyze all possible angles of the case. Then they should provide a recommendation and what to expect. You may think your case is worth one thing but we can only allow what the law allows.

I’ll never tell a client whether to settle or not. I will look at hard facts and weigh the pros and cons to each decision. There are risks to both. I will make my professional recommendation and do what the client thinks is best for their well being.

So you’ve decided to settle, what happens now? At this point your lawyer will make a demand of a certain amount. Negotiations will begin and if both parties can agree, the settlement will proceed. If they cannot, it won’t settle. Settling is a voluntary thing and nobody has to agree to agree. In these types of circumstances a judge has absolutely no power.

What is important to me is to make sure my clients make informed decisions and never feel alone in this process. There may be a situation where even as a lawyer, I feel that a settlement amount is unfair, but for whatever reason the client chooses to settle. I will make sure that my client understands each step and always back them up one hundred percent.

It can actually benefit all parties to settle. It’s obviously a relief financially but it can also take away the stress of constantly having an open case. Sometimes a client finds that they have to go see doctors that are not of their choosing, recognize that they’re being followed, etc. With a settlement you get a check and you’re done. It’s honestly a win/win. The insurance company knows that once a case is settled, it’s done. Everyone can go home.

Another thing that can happen after settling is the feeling that the entire process was very personal. Say you receive x-amount, but you feel as though your injury and pain and suffering are worth much more. You would not be alone in that regard. The goal after settling is to move on with your life. Leave the case in the past. We can also help you move forward after the case is settled.

You might be asking if you can return to work, or will doing so hurt your claim. The answer is no, it doesn’t impact the ability to settle but it can definitely affect the value of your case.

That doesn’t mean ‘don’t work’. By all means, if you can work, go work. It’s better to have a steady source of income instead of relying on your settlement.

How do I know how much my case is worth? This is the million dollar question. The answer is ‘it depends on your needs but we absolutely cannot give you an estimate without seeing all of the facts of your case’ (and any lawyer who gives you a supposedly definite number during a consultation is lying). We never promise anything to our clients because cases like this, without all of the facts, are completely unique. No two cases are the same.

What factors are considered when determining the value of my case? I can tell you the insurance company pays about 40%-60% of what they think the exposure on your case is to them. Basically they calculate what you’re going to cost them in the long run. Every case includes the same benefits, medical and indemnity. It’s easy to come up with a number when you have medical records, a doctor citing how long an employee will be out of work, etc.

The good news is that as long as what we come up with is a fair number, we’ll be able to give you a range of what your workers’ compensation settlement might be.

It’s important to me to have clients become friends. I don’t want anyone to feel alone during this process. My clients are told that they have access to me (within reason), and not just my office staff.

If you’re in the process of navigating a workers’ compensation claim, make sure you reach out to an experienced lawyer. There are intricate details that need to be looked at to make sure you are compensated for your suffering. I have over 16 years of experience just in workers’ compensation cases alone.
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