Your Settlement Demand Went Out. Now What?
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- เผยแพร่เมื่อ 9 ก.ย. 2024
- Workers Compensation Attorney Joe Miller discusses what to expect after your settlement demand is sent off to the insurance company. He explains that although in many cases, the demand will entice the insurance company to begin to make offers to settle your claim, in other cases, literally nothing will happen. This is because settlement is 100% voluntary on the part of the insurance company. If you have more questions and would like to know more about settling your workers comp claim, please visit www.TheWorkInjuryCenter.com or call us toll free at 877-622-8656.
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Joe question at what point how many months after a demand letter goes out would you consider a staleMate no movement. Time to move on and get on with other things ? Life !
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I love your videos. I have a question I’m in California and I’m skeptical of my lawyer I signed my portion of a compromise and release settlement and apparently my attorney did as well. The defendants haven’t filed anything to workers comp judge and it’s been over 3 weeks since I signed. Apparently they are waiting on a letter from edd which is clearance or proof that I don’t have any liens that I owe. Which I don’t and never received any payments or unemployment as I never stopped working. Is that a real thing they need? That edd letter ?
Thank you Mr. Miller for another great informative video.. I am california.. getting ready to settle my 3 year old case..I am no longer receiving my checks.. I already went through my 2 yrs of temporary. Disability checks, the insurance also sent me 1yr advance from my future settlement .. Next month it will be 1 year that i received my final report & my Doctor has me for 39% parcial. permanent disable..what are my chances or getting my case settle..since i am not receiving no money & not working at all
You are very welcome. As i always say, every single state in the U.S. is different as to their laws as to workers compensation. From what little i know about CA Comp Laws, they are very different from VA and NC. So I encourage you to contact a well-qualified and rated CA WC Attorney in your State who primarily represents injured workers like yourself. Not sure what part of CA you are in, but AVVO is a good place to search by area and type of practice. It will tell you their rating and has client reviews, so you can see if the attorney is competent in his or her field and whether he or she represents primarily injured workers--not the insurance companies. I wish you luck with resolving your comp claim with a highly favorable result!
@@JoeMillerLaw Thank You..I do have a lawyer..I only wish she had the same knowledge as you..I can't change my lawyer because I am on the 2nd lawyer..& I am almost done..I am ready to settle..
@@emmavasquez6263 Good luck to you!
Can you try to point out or navigate when you give your settlement number demand at mediation what tactics or what percentage lower is a counter offer for example do they usually settle about half of what you ask or counter 90% less for example can you talk more on settlement number tactics from your experience what you usually see
So that really varies from case to case, and I guess I have to draw the line here at giving away my negotiation tactics. Remember, the lawyers who I go up against can have a look at these videos the same as you can. Everything else I reveal in these videos is pretty much commonly known by any decent attorney on either side. Negotiation is a whole other thing. I will say generally it depends how confident you are in your "real" numbers, in other words where your bottom line numbers for the claim and what the other side appears to be signaling to you via the amounts of their offers and their movements. That being said, it's really impossible to know because some defense attorneys attempt to project strength where there is none by being sparse and cheap in their offers at the beginning. A good, experienced mediator cannot give you legal advice, but can often give you some underlying reasoning as to where you might want to come back in response to any given offer. The bottom line is there are no really hard and fast rules, in my opinion, other than to "play poker" and not give away your bottom line under any circumstances until you are offered what you want or can at least live with. That's because a settlement is just what it sounds like. You settle. If you got every penny they are scheduled to pay you over the remaining weeks you have under your claim, then they would not be settling, would they? Mediators often say that neither side is 100% happy in a good settlement, and I think that is probably true, although we certainly do our best to make our clients happy I think we almost always do. (At least that's what they tell us). In an ideal settlement, the mediators say, the defense thinks they paid too much and you think maybe you could have gotten more. I wish I could be more helpful here, but this is one area where I feel that revealing of my negotiation methodology and tactics would hurt my existing and future clients.
@@JoeMillerLaw thank you for your time and reply much appreciated
@@antoniogiannini9049 NO prob, bro!
What if your not getting checks
Not sure what you mean there, but typically, if you are not getting checks and you are looking at a settlement, that's a settlement of a denied claim. I have a video on that and I encourage you to watch it. Usually when you are not getting checks, and you think you should be getting checks, that means there's a dispute and so there's a Hearing coming up. So the insurance co is evaluating your chances of winning and having the Comp Commission force them to start paying you checks for however long you may need to be paid. In VA or NC, that could be for up to 500 weeks, depending on the degree of your disability.
What if your claim got approved, had IMEs that recommended that the insurer pay benefits, you're unable to work due to permanent disabilities related to your injury. What happens next? My attorney say they started negotiating almost a year ago.
As i always say, every State is different so it's hard for me to comment if your case is not pending in VA or NC. But as I say in other videos, settlement is completely voluntary on the part of the insurance carrier. I have no idea what the status of the negotiations are in your case. It could be your attorney issued a large demand a year ago and the insurance company simply determined it was better to just keep paying you benefits vs. settling. Or it could be that your attorney is in active negotiations right now and they just have not reached a final figure. Regardless, assuming you have an ongoing, valid claim that is still paying you weekly benefits, those benefits should continue for as long as your Award lasts, or until settlement, whichever comes first. I would certainly suggest you get an detailed update from your attorney.
@@JoeMillerLaw Yeah. Well throughout my case I work for a multi billion dollar organization and they were continuing to pay my normal wage the whole time so I was not receiving payments. Just medical. But now my physicians are saying my brain injury is pretty much MMI especially visually & will need necessary treatment as one of the insurance IME said the same. (I'm positive they all may contradict each other if they say I do not need further treatment). The insurance denied all further treatment for two months pending one last Psych IME coming up. I'm hoping for a settlement because they keep denying obvious necessary treatment.. Wish me luck
@@AG-mm9wn Good luck to you, I hope things work out well. Again, every state is different, but so long as your treating doctors can explain how they came to their opinions reasonably, at least in VA and NC, they Commission will usually side with the authorized treating physicians vs. the IME doctor. If there are inconsistencies that obviously need to be explained, though, a simple treating physician's opinion with no explanation is not going to cut it vs. a well-reasoned IME Opinion that goes the other way.
@@JoeMillerLaw Well funny thing, the insurance have not sent my attorney the requested IME reports in over a month. We also know that the main IME doctor recommended the insurance to pay for the future. And while I was seeing a neurologist out of state & tried to switch to my home that's also part of my rehab center, the comp then denied everything after the switch was approved LOL. But my rehab center sends all reports from therapy to my neurologist out of state, which he & my 2 optometry specialist wrote up it was permanent months ago. This is wild!
What happens if you have a third party that caused the accident????
Then there is potentially a separate personal injury case against the third party. You can and should pursue both the comp and 3rd party case. The comp insurance company will have a lien on the 3rd party recovery, but the amount of the lien is limited by statute. Please call us for more info.
My workers comp adjuster sent me and my attorney a letter saying they wanted to settle. What's next.
Sorry for the late reply. If you are in VA or NC, please call our office, that's what's next. If not, please consult with a Workers Comp attorney in your state. DO NOT try and negotiate a workers comp case on your own, especially if you were seriously injured and cannot return to your pre-injury job.
What happens with your QME is over. What’s the deadline for them to do the report and turn it in and what’s the next step after that?
If they don't want to settle do they still have to pay the checks
Yes they will
Yes, if you are under an Award, for potentially up to 500 weeks.
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Can the insurance company back out of finalizing the settlement? Today I had a hearing call with the judge to finalize my settlement which was accepted signed by everyone and today I was waiting for the judge to call , instead my attorney called telling me there was a glitch by an insurance employee saying they won’t go forward with the settlement. So my attorney said he will work on it and see what’s happening? How can the insurance make a final offer which I accepted and signed, worker’s compensation signed and accepted we reached to the hearing to close the case and get my settlement, half an hour before the insurance company backs out. Is this legal? What should I expect next?
Apologize for the late reply. Really it depends on the State where your claim is pending and how the claim was settled. For instance, in North Carolina, if you settle via mediation, there is a document drawn up at the end of the mediation which is a Mediation Agreement that is a legal document that can be enforced as to the settlement. The other side cannot back out or change their mind and typically must send over the settlement documents within 30 days. But if you agree to a settlement outside of mediation without such a document, there really isn't much you can do in a workers comp situation. I assume you are talking about that and not a personal injury settlement, which is different. In Virginia, for instance, in a workers comp case, even after the parties agree on an amount and even if it's as a result of a mediation, until the Workers Compensation Commission enters an Order approving the settlement and 30 days pass for the Order to become finalized, either party can back out at any time. You should discuss the law of your state with your attorney as to enforcement of any settlement agreement.
@@JoeMillerLaw Thank you so much for your reply! Much appreciated.
I’m in NYC . I had received a small settlement about 6 years ago but I had the right to reopen my case due to my arm worsening. So I reopened my case with the same lawyer. It’s been three years now I have finished my therapy I have a report from my doctor indicating the percentage of disability on both arms and there’s also a report from the insurance doctor with his opinion similar to my doctor’s.
After that the negotiation began and at some point we reached an agreement signed all documents and reached the date where the judge calls you to ask you if you agree to everything etc.. that day the insurance decided to back out of their offer for my settlement. This is a worker’s compensation settlement…
My lawyer said there was a glitch from the insurance company they don’t want to go ahead with that amount?
Anyhow I’m in limbo now waiting for my lawyer to call me or email me ( he said he is working on it)
I’m just devastated I don’t know what to expect next.
@@barblue3 So sorry you are going through that. I am not familiar with the WC laws in NY. I certainly hope things resolve to your benefit.
@@JoeMillerLaw Thank you much! 🙏
@@barblue3 You are very welcome!