Q: What is good settlement for a back injury requiring a double level fusion in Ca. Been off work almost 2 years
I already had a Laminectomy, Discectomy, Facectomy and Forminatomy surgery which did not work and now all doctors say a double level fusion is needed. I have a disability rating of 39% and can not return to my previous employment. The insurance company is offering a C&R settlement of $120k and I need to know if that’s a good settlement or mot to release them from all future medical. Please help with any advice
A: the problem with your question is no attorney can answer it honestly. you have not provided all necessary information to properly analyse the value of your case. the other problem is, no attorney is going to say its enough in the hopes of landing you as a client and getting at least $18,000 in fees at a minimum. so you have not done yourself any favors by asking this question. better that you seek the advise of wise counsel with many years of experience and consider PTD as the most accurate disability level as well as a potential SIBTF case.
Domingo R. Castillo agrees with this answer
Based on my 35 years of experience working as a Workers Comp attorney for 25 years and also working as an Insurance Claims Adjuster and Insurance Legal Hearing Rep for 10 years prior to being an attorney, I va tell you that you are getting a “bad settlement” offer! If you call any experienced workers comp attorney, they should be able to look at other issues that are highly important to your claim. Depending on the med reports, you many want to keep your case open before closing it. The only person that is benefited on such a large case like yours is the insurance carrier. Our firm has settled many similar cases far higher than what you are being offered. You may also need to see another med specialist for other secondary med issues such as HBP, Heart, Internal issues, Gastrointestinal, Urological, Psychological etc. You need to have a competent workers comp lawyer review all your med reports and file before you make that life changing decision. We have offices in Pomona, Riverside & Indio so we see a lot of injured people before they make that important decision. It’s to your benefit to wait and get wise and competent counsel on this very important matter. I wish you the best!
Castillo & Montes
Workers Compensation Attorneys
38% for the back with all the surgeries you mentioned seems low. They likely rated it using DRE where it should be based on Range of Motion (ROM). Go back to the doctor and ask for him to re-rate your back using ROM (unless he already has). You should get a much higher percentage.
The truth of the matter is no one can give you the right answer without seeing all the medical reports. Why aren't you hiring an attorney? Going alone on this is likely going to cost you way more than the 15% an attorney would be charging you. Especially with the severe injuries to your back that you have described, I strongly suggest you seek legal council.
A: Settlement valuations for injuries vary based on numerous factors including the nature and extent of the injury, medical expenses, future medical needs, and lost earnings. In California, a 39% disability rating is significant, and considering the surgeries and inability to return to previous employment, it's crucial to factor in potential future medical costs and lost income. Before accepting any settlement, it's essential to consult with an attorney experienced in personal injury or workers' compensation, depending on the context, to evaluate the fairness of the offer and to consider all potential future implications.
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