Do Not Allow Your Case to Become Stale

One of the dangers that applies to every workers’ compensation case involves the risk that your claim may grow “stale.” In every case, there is a point in time where you will have obtained the maximum benefit possible from your claim – in terms of paid for medical care, weekly wage benefits and settlement value.

If you settle too early, you may end up absorbing the cost of future medical care that would have been paid for by the insurance company. If you open settlement negotiations too late, the insurance company will offer you a lowball settlement because they are able to calculate their future financial exposure and they will not offer you more than their “worst case scenario.”

Knowing when to settle is more art than science. Ideally, you want to settle when you have a reasonable sense that your medical situation is stabilizing but some uncertainly remains as to future medical costs and missed time from work (and associated weekly wage benefits). Insurance companies are in the risk management business. My objective when representing you is to identify that point where the insurance company perceives a high risk of future costs, but the likelihood that you will end up bearing those costs is relatively low.

The settlement advice I offer you in your case arises from my experience in hundreds of previous cases and the personal time I put into knowing you and your case. This is why in my office you speak with me personally about any significant issue in your case – I do not delegate client interaction tasks to a paralegal or associate. This is why in my office I personally read your medical records – when I have a clear picture of your medical status, I can “read between the lines” of medical records to get a sense about where your treatment is heading.

I can’t tell you how frustrating it is to receive a call from an injured worker who either represented himself or who used an inexperienced lawyer who waited too long to make a settlement demand. A case that should have settled for $100,000 is now generating an offer of only $10,000 – all because the case grew old and stale.

In just about every area of the law, timing is very important, but I would contend that timing a settlement offer is one of the most important tasks of a capable workers’ compensation lawyer. If you would like to discuss your case and your potential settlement, please call me at 770-351-0801 or email me by clicking on the link.