Settling a case

Settling a case in New Jersey

My boyfriend was involved in an accident at work where a light fixture fell and hit his hard hat which in turn hit his nose causing a fracture he also ended up with Sleep Apnea which is a serious condition involving his breathing. This happened in New Jersey on a construction worksite and this case has been going on for over 4 1/2 years. He needed to get nose surgery. He just had his first surgery and is required to get a second one. His attorney and the insurance company are in the process of trying to settle this case prior to the second surgery. He needs this surgery and we do not know if it will even help his condition. His conditon may or may not be corrected by these surgeries. He needs to know if he settles this case and receives the money that they want to settle for, does he have to close this case at that time and never be able to open it again. Since he does not know what type of health problems he faces in the future. He would like to be able to keep the case open. Is it mandatory for him to close this case or can he still settle and keep the case open? If you do not have a response to this question but can give me any information or a phone number to where I may be able to get help I would appreciate it.

[Edited by mink on 03-17-2001 at 04:13 PM]

Re: Settling a case in New Jersey

mink said:

My boyfriend was involved in an accident at work in New Jersey (construction) and this case has been going on for over 4 1/2 years. He needed to get nose surgery. He just had his first surgery and is required to get a second one. His attorney and the insurance company are in the process of trying to settle this case prior to the second surgery. He needs this surgery and we do not know if it will even help his condition. His conditon may or may not be corrected by these surgeries. He needs to know if he settles this case and receives the money that they want to settle for, does he have to close this case at that time and never be able to open it again. He does not know what the future may bring for him as far as his health is concerned. He would like to be able to keep the case open. Is it mandatory for him to close this case or can he still settle and keep the case open? If you do not have a response to this question but can give me any information or a phone number to where I may be able to get help I would appreciate it.

[Edited by mink on 02-22-2001 at 11:15 PM]

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My response:

Settlement means just that. Settlement.

Once a claim or case is settled, it's all over. There's no going back and asking for more. Otherwise, it wouldn't be a "settlement."

It may be a wise move to settle because, with 4.5 years into this matter, it sounds like you're either nearing the trial date (without causing the 5 year mandatory dismissal) or the insurance company is finally offering their "policy limits" and there is no more money to offer.

If your case is headed to trial in the near future, trial is always a "toss-up". You may believe you have a "slam dunk" case, but you never know until "the fat lady sings". Also, a jury might wind up giving you less than what the insurance company has already offered. Plus, attorney fees increase when you go to trial.

You've never mentioned what the case was about, but a good settlement is always better than a bad trial. So, if the insurance company is offering at or near policy limits, you should seriously consider settlement.

Good luck to you.

IAAL