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To settle or not to settle, that is the question?

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Timconfused

Junior Member
I'm 41 yrs old and I reside in New York state. In 1997 I suffered a work related back injury. I have been bounced around from Doctor to Doctor and have never been given a real reason as to why I am in so much pain. I have been told that I have several small problems, that on their own would not cause the pain, but together may contribute to it. Nothing is operable. I have been rated permanently disabled. I have not been able to return to any type of work since the injury. Last MRI showed signs of arthritis setting in. I have exausted nearly every treatment possible. I collect SSD and workers comp. A few years ago, they offered to settle for $50,000. With the pain I put up with on a daily basis and the money I was making prior to the injury ($11.40hr) that sum sounded foolish to me. I turned it down.

My questions are: 1. Should I settle? 2. If yes, what is a reasonable amount? 3. Approx. what is the going rate for a lawyers fee to settle a case such as this?
 


W

Willlyjo

Guest
I'm 41 yrs old and I reside in New York state. In 1997 I suffered a work related back injury. I have been bounced around from Doctor to Doctor and have never been given a real reason as to why I am in so much pain. I have been told that I have several small problems, that on their own would not cause the pain, but together may contribute to it. Nothing is operable. I have been rated permanently disabled. I have not been able to return to any type of work since the injury. Last MRI showed signs of arthritis setting in. I have exausted nearly every treatment possible. I collect SSD and workers comp. A few years ago, they offered to settle for $50,000. With the pain I put up with on a daily basis and the money I was making prior to the injury ($11.40hr) that sum sounded foolish to me. I turned it down.

My questions are: 1. Should I settle? 2. If yes, what is a reasonable amount? 3. Approx. what is the going rate for a lawyers fee to settle a case such as this?
You are better off consulting a lawyer for your answers. I'm not familiar with NY but here in California an injured worker can get a settlement for pain and suffering based on a rating system. One could get the pain and suffering part of a settlement and leave "Future Medical" open so one's permanent injury can be addressed as needed for the rest of their life. Otherwise, if one wanted, they could settle the whole matter for more money via what is called a "Compromise and Release". Maybe it is like this in your state--consult a lawyer to be sure. In Ca. a Workers Comp lawyer gets paid in the 15% of settlement range.
 

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