Q: Will I need an attorney if I don’t want to settle?

A: When you get to the MSC the WCJ will look over the medical file, then determine if the evidence is substantial. If the medical reports support your disability, the case is essentially done unless someone disagrees with the rating. Defendants will tell the court the basis of their close out offer and the WCJ will decide if it is adequate. Case finished - if you agree with the judge. If you disagree and the defendants have no issues, the WCJ will strongly suggest that you settle with open future medical, meaning no buy out. You will get biweekly payments until the PD is paid. However, if you do not agree to the amount of PD, your case will be set for trial. Again, if there are no complex issues, it will be a quick trial, and most likely the trial judge will prompt you to settle before the trial.

As for an attorney. In cases like these I have found that having an attorney generally pays for itself. In other words, the presence of an attorney on the case forces defendants to evaluate it differently so they generally offer more money, enough to cover attorney fees. Given that the case is essentially finished, your attorney should not ask for more than 12% in attorney fees.

I hope this helps.

A: People go to trial every day with no attorney. The get some guidance from the Information & ASsistance Officer. Trouble is, when the judge recites the Stipulations and Issues and asks you agree on the record and you can't understand, you may agree to a 'fact' that isn't an actual fact, and hurt your case. If you haven't written all documents and evidence at the MSC then try to show it to the judge at the time of trial, it could be excluded because you didn't study and learn the evidence rules and you failed to deliver a copy of it to the other side on time or give notice to the other side of your plan to introduce that evidence at trial. When you go to trial, all you receive is the judge's finding that there were certain injuries to certain body parts and there is a level of permanent disability on those body parts. You get words that future medical treatment 'is necessary' but zero cash in hand for that. Future Medical award is just the right to fight the adjuster and the defense attorney over every doctor you want to see and every treatment request and pill request for the rest of your life. is THAT what you want to win??