Q: In my settlement case my attorney asked me how much I wanted.. I told him $8,000..a settlement agreement was wrote up..
The attorney added his fee to increase the settlement offer.... On the paper the medical cost were blank.... But said in writing on the paper that medical cost would come to 2,800 and be paid out of the settlement.... Now my question is.. The attorney said that medical cost will come out of my settlement offer.. Even though it stated the full amount of $8,000 is due me.... And Medical cost left blank.. Is this right?
A:
There is more wrong than right. Unless you have extensive familiarity with Workers' Compensation (WC), you couldn't possibly know what your case is worth. Isn't that one reason why you hired the attorney - to tell you what the claim is worth. WC claims are NOT valued in dollars. They are valued in % of permanency for the body part that was injured. For example: If you suffered a torn meniscus in your knee that was arthroscopically repaired, it would be worth 20% to 25% of a leg. A leg is worth 215 weeks of permanency so the injury is worth 43 - 53.75 weeks. One week of permanency = 60% of your Average Weekly Wage (AWW), subject to a minimum, depending on your dependents and a maximum that is currently $790.64 (for accidents after 7-1-17). Your attorney should TELL YOU what the case is worth. Your attorney is entitled to take a 20% fee from that number. If you received any written offer BEFORE you hired the attorney, he CANNOT take ANY fee on that amount.
What medical costs? Unless the claim is disputed and there is a doctor saying that your injury is NOT work-related, a trial/hearing would simply be to determine the extent of your injury. If any medical bills are in dispute, especially in such a small claim, there is no reason to settle. You would want to go to trial. You are not responsible for ANY part of medical bills unless the claim is legitimately disputed. Your attorney owes you an explanation why you should pay ANY medical bills.
The line on the Settlement contracts is for medical records and other costs, NOT medical care.
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