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Need Advice about my settlement

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tar268

Junior Member
What is the name of your state (only U.S. law)? CA
What is the name of your state (only U.S. law)? California
Geez!!!
I should have typed this up in word in the first place...my post was so lengthy...I started to run spell check and lost everything...that wouldn't have been so bad but it is just one incident after another that has me emotionally on the brink with my case (nothing new I know) that I am about to lose it and the sad thing is nobody gives a darn.

I apologize in advance because this is a lengthy and complex case...I will try to keep it short the best I can but...I really need this advice and some background is necessary...

So...
7years ago my case ( as I am sure many others were) was turned upside down. Thanks to the revamping of WC. It had been handled by a very capable father/ son law firm... but then nothing was done to my case for 3 years...no explanation was given. Then out of the blue the son (my attorney) takes my case to another law firm...yea! I thought … a larger firm to help out. We were up against five insurance companies (another long story there...you may ask later) Now... I think there are three. One is bankrupt.

Well it sat there for a while...again nothing was being done and no calls were made. Out of knowhere he decides to leave that firm and take my case back to his fathers law firm...again nothing...in the mean time I am getting dumped by one after another good Ortho Dr who are tired of liens.

So now after I am badgering the paralegal for info on my case...he laughs and tells me that the son left the firm and went to the “Dark Side”...by now I am ticked because the paralegal was no help either...he kept insisting I take control of my case...well I would love to but that is why I hired them...I didn't go to law school!!!

At this point I call the Law Firm that held my case when the son was there...will they take it? NO...too complex...well gee, it wasn't so complex a year ago!:mad:

Again more waiting...now fast forward to the last two years! Now I am being represented by a friend of the law firm...who is semi-retired...tells me that he is getting nothing out of this so he works when he can...oh yea! :(

So I was told that I was being sent to an AME Dr (that I didn't know) for an evaluation to see about surgery...that was the argument between the parties. So he writes a very lazy report...he didn't even examine me... he got what information he used from the lawyers and his historian...

His report was so bad that he was deposed by each side (and parties involved) three times!!!
Of course the report said that I may need surgery in the future...the apportionment was a disaster which is the big contention in the case...who is responsible for what...so they keep pointing at each other...big fun...

So he lowered my disability rating to 37%...I was already at 42%!!! there was an obvious increase in injury...at 42% I was still working (barely) and now I can't...no one will have me anyway...I have 3 hern. disks with pinched nerves in Low back and 2 in my neck... MY NECK was also injured...HELLO!!!! I now walk with a cane to relive the pressure to my spine...I should be at least 50% no? Geez!

Of course they (including my attorney) wants to settle...after everything that has happened a part of me wants to just settle and get on with my life...but here is the kicker...(at least it is for me) and here are my two problems:

1.is obvious...my D.R.... I don't deserve what that report says...I deserve either a new evaluation by the bozo Dr or a new (Dr).

2.Not so obvious...I feel there is negligence on the part of my employer concerning my accident. Supposedly everyone knew that the huge conference table was broken...for at least a year!!! If that was the case then Why didn't anybody put in a work order on it? There were preschoolers in there having hearing tests done earlier in the day... what if it fell on one (or more) of them? IF I had known I would have put in a work order....and they knew it...

Hence the report from the AME stating that my injury was suspicious...after 5 years they are just now saying that? Come on!!!! They have dragged me through the mud...my health besides my back is shot. I feel as though I have been thrown under the bus...by my own law firm...they are whipped...I think if I had a larger firm I might have had a better outcome...and maybe even taken care of better.

So now I ask you...what do I do? Do I even have any options? I am spent but I am not going sign off on this so they are not even held responsible...

I thank you in advance for your time...:confused:What is the name of your state (only U.S. law)?
 


If they offered a settlement, consider it and make a decision -- its only a decision that you can make. Are you trying to gather information on similar WC cases? Your attny should be able to find this information.
 

OHRoadwarrior

Senior Member
Walking with a cane, when you have the injuries you claim detracts from your case. Every step you take, when the cane comes down, causes the joints to flex off center. If they were injured that badly, it should cause you terrible pain.
 

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