Los Angeles, CA asked in Personal Injury and Workers' Compensation for California

Q: How soon after P&S can I expect the workers compensation company and a PI claim to make a settlement offer?

I have a workers compensation and PI case open. I was declared P&S almost a month ago and haven't heard from my attorney or any of his paralegals. How soon after P&S should I expect to have the first settlement offer? I do have PD and I'm already receiving PD payments. Thank you.

2 Lawyer Answers
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: an OFFER? NEVER. Never expect an insurance company to offer you anything. Now, you should anticipate YOUR attorney to make a DEMAND for a workers comp settlement about 6 weeks after you undergo the Maximum Medical Improvement evaluation with the evaluating physician. If it is the Primary Treating PHysician that found you at Maximum Medical Improvement (we say MMI now; P&S is no more), and your attorney agrees with that Treating Physician's findings -- and those findings address ALL the claimed injuries -- then expect your attorney to suggest a settlement demand about 6 weeks after the MMI finding, because it takes at least 4 weeks to get the MMI report (typically 5 weeks). IF it was a QME that found you MMI, and your attorney disagrees with the QME or the QME did not address all the body parts injured, do not expect any settlement demand to be formulated soon. YOU ARE PAYING YOU ATTORNEY THOUSANDS...WHY ARE YOU NOT ASKING THIS OF THE ATTORNEY WHO YOU AGREED TO PAY thousands to represent you and answer your questions?

Ruben Montoya
Ruben Montoya
Answered
  • Workers' Compensation Lawyer
  • TUSTIN, CA

A: There is no concrete answer. If the PTP P&S and the defense is not agreeable they can request a panel from the medical unit. Vice versa if you do not agree with report you can object to it. They can settle based on the report but a time frame consist of many factors. Remember that all PD that is paid will be deducted from your settlement. Good Luck!

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