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What is the name of your state? SC
I got hurt on job 2015 been on WC since. I had acdf surgery on c4,c5. The nureosurgen fractured my disc an told me it was fine he put a screw in it. I never got better. He refused to give xray or MRI to see what was wrong. Went to him for 5months. Also pt which pain got worse. He sent me to pain management dr. PM dr did injections in my neck burned nerves still was in pain. Finally after a yr an half he got me a MRI. It showed my c3,c4 is protruded in spinal cord. C6,c7 is messed up also. He recommended another nureosurgen not the same one that did surgery. WC made me go back to the same dr that fractured my disc. He said I need surgery bad. WC approved the surgery in one weeks time. I have a lawyer she didn't try to get me in to another nuerosurgen. There is no way I'm letting that dr touch my neck again. WC made me a offer of 100% disabled but not offering no medical at all. My lawyer said I should take it. I only can draw in SC 500wks of disabled. I only have 100,000 left on that and that's what WC has offered me. My lawyer said she would get 60,000 an I would get 40,000. I signed a contract with her an she is to get 37%. I told her I'm not giving her more money than me an I'm messed up for life. Can she do that? I need advice on whether to settle and wait an go sign up for disability or take my chances in front of a judge at a hearing? I know I need surgery badly but, I refuse to let that Dr. touch my neck again. Am I entitled to more money than the 100,000 I have left? Do I need to ask for medical to be left open for a couple of yrs? Please someone advise me on what my next step should be. Thank you.
 


quincy

Senior Member
You do not have to accept any settlement offer. You can go to trial.

It can be a risk taking your injury case to trial, however. There is no guarantee you will be awarded more in a trial than you were previously offered to settle, and you could be awarded less.

You should first discuss the settlement with your attorney and ask him why he believes you should settle for the amount offered when it won't cover future expenses. If you don't understand the reasons given, keep asking until you understand. Or consult with another attorney for review of the facts.
 
You do not have to accept any settlement offer. You can go to trial.

It can be a risk taking your injury case to trial, however. There is no guarantee you will be awarded more in a trial than you were previously offered to settle, and you could be awarded less.

You should first discuss the settlement with your attorney and ask him why he believes you should settle for the amount offered when it won't cover future expenses. If you don't understand the reasons given, keep asking until you understand. Or consult with another attorney for review of the facts.
Thank you,
She is ready to settle because in October it will be 4yrs. I just cant see me walking away with no medical when they know I'm needing a surgery right now. But, I refuse same Dr. that did first surgery. Lawyer said she will get 60,000 an I will get 40,000 if I take offer. I signed contract for her to get 37%. She cant get 60,000 can she if contract states she's to get 37%? I thought the client gets more than the attorney?
 

PayrollHRGuy

Senior Member
Thank you,
She is ready to settle because in October it will be 4yrs. I just cant see me walking away with no medical when they know I'm needing a surgery right now. But, I refuse same Dr. that did first surgery. Lawyer said she will get 60,000 an I will get 40,000 if I take offer. I signed contract for her to get 37%. She cant get 60,000 can she if contract states she's to get 37%? I thought the client gets more than the attorney?
One would think that she would get $37,000 if you are awarded $100k. But there may be expenses that have been paid by her/her firm that is coming out of your end.

What did she say when you asked why she is getting $60k when the contract called for 37%?
 

quincy

Senior Member
Thank you,
She is ready to settle because in October it will be 4yrs. I just cant see me walking away with no medical when they know I'm needing a surgery right now. But, I refuse same Dr. that did first surgery. Lawyer said she will get 60,000 an I will get 40,000 if I take offer. I signed contract for her to get 37%. She cant get 60,000 can she if contract states she's to get 37%? I thought the client gets more than the attorney?
I don't blame you for not wanting to return to the same surgeon.

You really need to sit down with your attorney and discuss all of your concerns. You can ask the attorney for an itemized list of where money has gone (or must go once collected). You should have him explain the 37%-63% split. This should be detailed in your attorney contract.
 
I don't blame you for not wanting to return to the same surgeon.

You really need to sit down with your attorney and discuss all of your concerns. You can ask the attorney for an itemized list of where money has gone (or must go once collected). You should have him explain the 37%-63% split. This should be detailed in your attorney contract.
I'm going to ask lawyer to show me where all the Bill's would come from. I had to get medical records from all my drs to have mailed to her. Thank you
 
One would think that she would get $37,000 if you are awarded $100k. But there may be expenses that have been paid by her/her firm that is coming out of your end.

What did she say when you asked why she is getting $60k when the contract called for 37%?
I told her there's no way she is getting 60 an me 40 and I'm the one messed up for life. She said it's been 4yrs and she hasn't got paid at all. I dont mind paying the lawyer but 60,000 is ridiculous.
 

quincy

Senior Member
I'm going to ask lawyer to show me where all the Bill's would come from. I had to get medical records from all my drs to have mailed to her. Thank you
I think trying to get answers from your attorney is the best first step to take.

Do not be reluctant to ask the attorney to explain the settlement terms over and over again, as necessary, until you are sure you understand exactly what the settlement means to you and your future medical needs. Do not agree to anything without this clear understanding first.

And ask your attorney about the pros and cons of going to trial. There are often good reasons for reaching a settlement, with the increase in costs of a trial just one of these reasons.

Good luck.
 
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PayrollHRGuy

Senior Member
I told her there's no way she is getting 60 an me 40 and I'm the one messed up for life. She said it's been 4yrs and she hasn't got paid at all. I dont mind paying the lawyer but 60,000 is ridiculous.
Did you ask her why she was wanting to charge more than your contract agreed to?
 
I think trying to get answers from your attorney is the best first step to take.

Do not be reluctant to ask the attorney to explain the settlement terms over and over again, as necessary, until you are sure you understand exactly what the settlement means to you and your future medical needs. Do not agree to anything without this clear understanding first.

And ask your attorney about the pros and cons of going to trial. There are often good reasons for reaching a settlement, with the increase in costs of a trial just one of these reasons.

Good luck.
Thank you
 

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