Palos Verdes Estates, CA asked in Workers' Compensation for California

Q: My lawyer wants me to settle for 38,500 with no future medical. I’ve had this case for almost 1 year now.

I’m not sure what to do I’m 29 years old with screws and rods in her ankle.

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2 Lawyer Answers

A: You are not required to give up your right to medical care for your work injury. The settlement is likely based upon the findings of a Qualified Medical Evaluator (QME). The QME will help determine the value of your case by addressing your periods of temporary disability, level of permanent disability and need for future medical care. You need to ask your attorney how that figure was calculated.

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Answered

A: Taking a settlement for a serious injury like yours, especially one involving hardware in your ankle, is a significant decision that requires careful consideration. The amount offered needs to be weighed against potential future complications and ongoing medical needs.

With screws and rods in your ankle at age 29, you might face additional surgeries, mobility issues, or arthritis as you age. While $38,500 might seem substantial now, it may not cover long-term medical expenses, particularly if you need hardware removal or experience complications down the road. The "no future medical" clause is particularly concerning, as it means you'd be responsible for any future treatment costs related to this injury.

Before making this decision, consider getting a second legal opinion and having a thorough discussion with your doctor about potential future medical needs. You might also want to calculate your lifetime earning potential and how this injury could impact it. Remember, once you accept a settlement, you typically can't seek additional compensation later - even if your condition worsens. The choice is ultimately yours, but ensure you fully understand the long-term implications before signing anything.

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