workers comp .attornney ask me if i want to settle the case?
hi my insurance has always denied my claim , so i fired my old attornney and i had this one for 2 months now my case been going for almost a year.so he ask me if i want to settle .last week how long does it take to hear an annswer from the insurance, ? he also told me that we have to ocmpromise some things ,how much you think i get for ankle fracture why has my attorney hasnt told me the amount until he speaks to insurance?
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There is no way anyone can give you a figure. I can tell you this, if your attorney si suggesting that you need to ‘compromise’, he may feel that your case is somewhat weak, and working to get what he ca from the insurance company.
He is waiting to hear what, if any, settlement the insurance company is willing to offer.
Your settlement is up to the descresion of the claims adjuster. As a general rule if you are still experiencing any pain or permanent disability from the injury do not settle as they will cap what future benefits you may recieve with the settlement. If its been a year, odds are the adjuster isn’t going to settle though. For an injury like that your only going to end up getting reimbersement for medical bills to begin with. Your not going to see any cash settlement.
I am not up on the new laws.but will try and help.
your lawyer is feeling the insurance company out.the insurance has all ready set a low sum.your lawyer said no way and ask for the max.so now there making bids to keep it
out of court.the compromise is about the sum
you will get.pnce the amount has been been
settled on,your lawyer will tell you.( it takes a
lot of time,and your restless).
The amount of your settlement entirely depends on what state you are in. Some states do it based on percentage of total disability and others do not. Right now, by the sound of things, your case is in the negotiation stage. Your attorney and the carrier’s attorney need to hash things out and compromise on your settlement. For an ankle fracture, I wouldn’t anticipate a very big settlement (depends on the treatment). If you had surgery and hardware was implanted in your ankle, I would anticipate probably a $5,000 settlement (that’s in NJ though). I don’t know where you are so it might be completely different. It also may depend on the circumstances of the claim. Was there negligence on the part of your employer? These are things that the attorneys are going to discuss. If you just suffered an ankle fracture without any negligence on the part of your employer, and you had conservative treatment that didn’t include surgery or anything, then I would not anticipate a very big settlement. Good luck!
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