What should be the approximate settlement amount for my case? 15 Answers as of March 03, 2014

I was injured on the job, had two spines and a shoulder surgeries. Both failed, my employer is retraining me for light duty work, can't go back to my old job because of physical limitations. What should the approx. amount of settlement I should get?

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
If you are younger and there is a significant difference in your earning ability, you will settle the case as a wage differential which means you are entitled to the difference between your pre-injury wages and your post injury wages, until age 65. If you are older or your wages did not decrease much, you would settle for a specific injury. This will be a % of loss of use x 60% of your average weekly wage before your injury. Without knowing your wages, nobody can give you numbers. I cannot stress too strongly that you WILL be disadvantaged if you do not hire an attorney. In Illinois, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches and you get more money. It really is a no-brainer.
Answer Applies to: Illinois
Replied: 3/3/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You case has a value of between $0.00 and $600,000. I'm not quite sure of the amount because you haven't provided all that is necessary to value it.
Answer Applies to: Iowa
Replied: 3/3/2014
David Hoines Law
David Hoines Law | David Hoines
have no idea, as settlement value depends on many things you need a workers compensation attorney, as this is a serious case.
Answer Applies to: Florida
Replied: 3/3/2014
Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
This is impossible to answer. Much more information is needed.
Answer Applies to: Delaware
Replied: 3/3/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
The laws are different in each state, but generally, your compensation case has 2 parts: wage loss and medical expense. Until you are back to as close to 100% recovered, I do not recommend settling your case. Surgeries are expensive, and you do not want to be liable for any surgeries "out of your pocket." Once your condition has been fixed, then you would determine whether or not you are going to lose wages in the future due to getting less money for less hours or a lighter job. Only then can you figure out what your case is worth to settle. Let's say you got $100,000. Having a spinal surgery could eat that up in a hurry.
Answer Applies to: Michigan
Replied: 2/28/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Get yourself a worker compensation lawyer to review. Settlement has nothing to do with what you want. It is based on degree of injury by per cent (doctor call), your average weekly wages and the body part involved.
    Answer Applies to: North Carolina
    Replied: 2/28/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Since you apparently have a permanent injury, you are looking at the prospect of "schedule award". This is based on a formula applying the percentage of loss of use of the body part with your rate of pay, offset by payments that you have already received.
    Answer Applies to: New York
    Replied: 2/28/2014
    Pius Joseph A Professional Law Corp. | Pius Joseph
    This is a very complicated question and no one can and should give a value based on your facts. First workers comp. case value does not attribute any pain and suffering . It is driven by P&S report, QME reports or AME reports depending on your case. It gets even more complicated if you are on SS or Medicare. It you are self represented you are not doing very well since it gets very technical as to the multiple disability tables and how many body parts you claimed as well as how many reports that you have outlining your future medical care that an insurance company is willing to accept for rating purposes as well as future care purposes. The long and short of it is that if you have a lawyer you tend to do better even if you have to pay the 15% attorneys fee which is relatively nothing compared to what you can get as a fair compensation .
    Answer Applies to: California
    Replied: 3/3/2014
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    You should talk to a lawyer. We need to know your benefit rate, your impairment rating and if your restrictions are permanent.
    Answer Applies to: Georgia
    Replied: 2/28/2014
    Bretz & Young
    Bretz & Young | Matthew L. Bretz
    In order to calculate what is possible under the law I will need more information.
    Answer Applies to: Kansas
    Replied: 3/3/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You don't give enough info to answer this question. Consult an experienced comp lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 3/3/2014
    Gates' Law, PLLC | Thomas E. Gates
    Your workman's compensation has a schedule that they will pay from.
    Answer Applies to: Washington
    Replied: 2/28/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without.
    Answer Applies to: California
    Replied: 3/3/2014
    What is your disability rating and what kind of future medical do you need? If you need another surgery, your case may worth at least 100k.
    Answer Applies to: California
    Replied: 3/3/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Concerning on-the-job type injuries, submit the question to an attorney who specializes in Workmen's Compensation Claims. That is an area of specialization.
    Answer Applies to: Washington
    Replied: 3/3/2014
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