Pennsylvania workers’ compensation settlements are not as simple as black and white. The amount, as well was whether or not you should be settling at all, are dependent on circumstances that are specific to your individual case. You should NEVER accept a settlement offer without speaking to a competent Pennsylvania workers’ compensation attorney. Below are a few things you and your attorney will want to consider before accepting an offer from an insurance company.
Your Financial Situation
Your attorney will want to understand your current financial situation before advising you to agree to an out-of-court settlement. There may be certain instances where, despite the fact that you may make more money by obtaining a decision after a trial before a Pa. Workers’ Compensation Judge, it is in your best interest to accept a settlement before a decision in your favor is obtained. Some things your attorney will want to know will include how well you and your family are getting by on what you currently have and how many people in your household are employed. The duration of time that it will take to receive a final decision, good or bad, from a Pa. Workers’ Compensation Judge, will also factor into the settlement decision making process that you and your attorney will experience.
The Amount of the Settlement
Most insurance companies will initially provide a low settlement offer either in response to your demand or initially to get the settlement ball rolling. A good Pennsylvania workers’ compensation attorney will negotiate with the insurance company to get them to offer the highest amount they are willing to give. To determine what’s fair, the attorney will take into account many factors. Just a few of the circumstances that will be considered should include : the severity of your injury, how it has impacted your ability to work, how much your medical bills cost, the estimated amount of future medical care, the likely hood of your remaining on the workers’ compensation benefits you are currently receiving or may receive and any additional benefits like Social Security Disability or Social Security Retirement that may play a role in your case.
The Likelihood You Will Win the Case
The likelihood that you will win your case is a factor in determining if settlement is the correct path to follow. Almost all cases have weaknesses as well as strengths. There are issues that may arise beyond your ability to work and the medical treatment for your work injury. For this reason, it is imperative that you keep NO SECRETS from your workers’ compensation attorney. Unwelcome surprises can spell danger when it comes to workers’ compensation cases. Many insurance companies hire private investigators and will do whatever it takes to damage your case. If you are hiding something, there’s a good chance it will surface and may damage your case.
Remember, you should never accept a settlement without first consulting with a workers’ compensation lawyer. They have the best understanding of what is fair and what isn’t and will keep your best interests in mind.