Work injury law suite?Some advise PLEASE!!!?
I have a family member that has a law suite going and could be worth a truck load of money.(This person is not sue happy they deserve it)
anyhow the lawyer on the case has only met with the victom twice,three times if you count the unsucessful mediation. He rarley checks in and it takes him weeks to return uor calls.They are set to meet agin in mid april for deposition. We dont really know much about the process, is it normal for an atourney to have so little contact with his client in such a case? How long does it normally take to actually get your day in court once you have filed the suit? We started the process last spring.There is alot riding on this and the injured cant have propper treatment untill he gets his settelment or reward because he needs a very expensive operation. Is there any way to speed this along?(sorry bad spelling)
It should not take weeks to get a return call from your attorney, unless he is in a several week trial. If that is so, his secretary should be able to tell you that. Make an appointment with him and ask him the questions. The length of time to trial varies based upon your location, but on average expect it to take at least 18 months from the date of filing.
If you call your attorney, they should call you back. If you didn’t place a call to them, though, it can take months before anything happens where they might need to update you or get more information, etc. My law suit was for medical malpractice and I did win but from the time we went to trial it was almost 7 years.
Your family member should use his own medical insurance for treatment. There is no guarantee that anyone is going to win a lawsuit. What if he doesn’t? He needs to get treated regardless.
You have a work injury claim…you are NOT going to get a “truck
load of money”. Benefits and awards in WC are pre determined and
based on the residucal disability/impairment due to the injury.
Awards of indemnity are based on a rating done by the treating
physician once you are MMI/stable. A number of weekly payments
either by scheduled award, or whole body impairment. There is no
“day in court”, no jury makes the award. WC settlements are
encouraged by the system to be informal between the parties. Filing
a claim for benefits under the employers plan for industrail injury
is the exclusive remedy, meaning you cannot sue your employer for
the injury. WC is no fault. You don’t have to prover negligance. If
treatment is the issue under dispute, the state has enacted
litigation process to resolve those disputes. Sometimes a IME can
resolve the issue, often times a hearing will be held for a judge
to determing the outcome. Depositions are held in WC to develope
the record. To let the IW have an opportunity to tell his/her side
of what happened, whether or not there are other injuries that may
affect a final rating, and establish creditability of the IW. NO
benefits are based on testimony taken at a deposition. YOu are
appearantly misinformed on the process of WC overall… it would
help if you went to your state web site and make youself familiar
with the laws of your state govenrning the provision of WC
benefits.
While we are discussing Work injury law suite?Some advise
PLEASE!!!? | Workers Comp Rights, In a factory or the office,
always assume that things could get lost or misplaced and that
injuries can happen. The key is to minimize the risks by organizing
equipment and supplies.