QUESTION
How do I send a counter offer to an offer by my employer's insurance company I am willing to settle for?
Asked on Nov 27th, 2012 on Personal Injury - Michigan
More details to this question:
DOI: 6-10-1982. I was pinched between a Tractor & Trailer as it was making a U-Turn to position itself to back into a shipping dock. My injuries were a puncture in my left upper leg and sprained ribs which are very similar to dislocated ribs. As a result of the sprained ribs, alignment in my neck and back was destabilized. The only effective treatment for the ribs and neck pain has been periodic adjustments by Chiropractors. They began on a regular basis for a couple years. For the past 15 years I have needed adjustments periodically for about 4-6 months, 1 - 2 times weekly for maintenance. As a result of the misalignment and destabilization, arthritis, disc erosion, scoliosis, and other related problems have settled in my back and neck. The destabilization of my back, neck, and now the pain experienced from the complications that have settled in have required periodic adjustments for realignment and strengthening. The injury occurred in CA. and I now live in Ohio. This has become a problem due to CA using a Utilization Review Board to approve or disapprove treatment now. Originally, CA Workers Comp. Board stated as part of award, "Future medical needed for treatment." The URB now has denied every request I have submitted including appeals, for medical treatment. In order to proceed any further with getting a lawyer, I would have to work with an attorney familiar with CA's process most likely with a lawyer in CA. The Insurance Company that has been paying for treatment has made an offer to settle the claim and has asked me to respond accepting or countering. Their offer is $12,000. I am wanting to find out what I can counter with. I am going to have the eroded condition of my neck and back plus the discomfort along with limited mobility as a result of the pain experienced as described earlier. To settle would obviously require me to absorb future medical costs for the rest of my life. My current age is 58 y.o. Please review and if possible state.
10 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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I cannot answer your Question as there is nothing in the information you provided that indicates that Nebraska, the State you selected when asking your Question, is involved in your case. Attorneys can only offer legal advice for cases in which they are licensed to practice in or they would be committing the unauthorized practice of law. I am not licensed in either California or Ohio so I cannot answer your Question. You should re-ask your Question, twice, once after selecting California and the other after selecting Ohio.
Answered on Apr 15th, 2013 at 6:19 AM
You need representation from a workers compensation lawyer.
Answered on Apr 15th, 2013 at 6:14 AM
While I'd like to direct you with a simple answer that provides a quick way to accomplish settlement it's not advisable. You don't know what you're doing and clients that think there is a quick way to settlement usually shoot themselves in the foot by settling too cheap or with an incorrect settlement form. For any lawyer to just answer your question would be to expose themselves to a malpractice case. Bottom line, hire a lawyer and stop playing lawyer.
Answered on Dec 02nd, 2012 at 3:30 PM
You should consult with a local plaintiff's attorney who handles work-related injury cases for specific legal advice, including an evaluation of all off your injuries and the proposed damages you should be seeking.
Answered on Nov 29th, 2012 at 12:38 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No insurance co offer has anything to do with fairness. It has to do with what is. What can they get by with? Figure out what care for your life will cost you and demand it. they wont pay it but they may pay more than the 12000takie what you can get or hire you a Cal lawyer and do what he says.
Answered on Nov 29th, 2012 at 12:37 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You hire a Calif work comp lawyer and pay him to settle it. Don't try to cowboy it yourself. It's too complicated and you don't know what you are doing.
Answered on Nov 29th, 2012 at 12:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your lengthy question contains the answer: you "would have to work with an attorney familiar with CA's process". This matter is too important to handle without professional advice and guidance.
Answered on Nov 29th, 2012 at 12:36 PM
Ronald A. Steinberg
You do not send a counter offer. You get a lawyer who knows what to do and how to do it. Your case is much too complicated for a non-lawyer to handle. You are dealing with the legal system in 2 states. If you screw it up, it is going to cost you some serious money.
Answered on Nov 29th, 2012 at 12:35 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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You need to speak with a workers' compensation claimant's attorney in CA.
Answered on Nov 29th, 2012 at 12:33 PM
You can counter-offer with any amount you want. Try One Million Dollars to start and meet them somewhere in the middle.
Answered on Nov 29th, 2012 at 12:32 PM