Had to endure eight months of therapy (therapist and psychiatrist) and medication due to panic attacks and depression from serious back injury that happened at former employer. Now WC is sending me for my "rate and release". My neighbor said I should take the pathetic settlement cash and pay an attorney to sue for punitive damages. What do you think?
2007-01-29 03:56:11 · 6 answers · asked by panthrchic 4 in Politics & Government ➔ Law & Ethics
It depends on many factors; we don't know the nature of your job and duties and what your employee did to prevent or not the injury. Was the injury work related or and accident not related to your duties. We also don't know who is the injury was due to negligence (from you or the employer).
Meanwhile keep record of your expenses and damages (medical bills and lost of income) I'd forget about the "mental problems" it's almost impossible to prove and is the kind of thing you always get from "fake" claims.
Be care full when searching for lawyers, ambulance chaser will take you in a ride to hell that will last as long as your bank account.
2007-01-29 04:39:12 · answer #1 · answered by ? 7 · 0⤊ 0⤋
First...I think that there should be a direct link to the former employers responsibility for your injury before you can consider a law suit.
Secondly, tort reform is something that many courts have considered to avoid some lawsuits!
Therefore, my best suggestion is talking to an attorney from your community that can become familiar with the issues of your allegations and who also knows the particular requirements of proof under your state laws.
Best wishes!
2007-01-29 04:11:09 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
I would believe that you would have to prove that their was negligence by the employer that lead to the accident causing the injury. Best to get a free consultation with an injury lawyer for advise on the merit of your case.
2007-01-29 04:06:35 · answer #3 · answered by notaxpert 6 · 0⤊ 0⤋
I would ask a Lawyer...Do not settle with comp until you talk to a lawyer..Comp knows you have a case and will try to settle for very little money when in fact if you get a Lawyer you can get a lot more.....In most cases you can talk to a Lawyer for free and they will let you know the best way to go on this...
2007-01-29 04:12:08 · answer #4 · answered by charmed4412 3 · 0⤊ 0⤋
You can sue anyone for anything.
It's all about getting a lawyer that is willing to take on your case and, most of all, it's about your willingness and ability to pay the lawyer's fee, whether you collect damages or not.
2007-01-29 04:06:45 · answer #5 · answered by GeneL 7 · 0⤊ 0⤋
Check with an attorney before doing anything like that
2007-01-29 04:05:06 · answer #6 · answered by gordooo2 6 · 0⤊ 0⤋