Worker's Comp/Auto Accident Settlement?

Question

Last June my H (47) was rear ended into an 18 wheeler when another driver fell alseep at the wheel. The driver hit the gas instead of the brake when he woke up and hit my H a 2nd time.

My H received damage to his neck and spine. He's been through 6 months of physical therapy 3 times a week, 3 epi shots, 4 opinions, and just went through back fusion surgery last month.

Back surgery alone was over $125,000 and it was the anterior/posterior type, of the 3 disks injured in his spine, one was compressing his spinal cord and causing sensory damage.

The PT, was successful on the cervical injuries.

He was coming back from a worksite, in a company provided vehicle, so worker's comp is paying all the bills.

The surgery was H's only chance of ever returning to his job in full capacity.

The attorney is going after the driver's insurance, the worker's comp and our insurance.

The medical bills alone are closing in on $250,000.

Anything left after medical and attorney?

Answer 1

Hopefully the guy who hit him has very deep pockets.

I would caution you that some of the information you are getting to your question is not exactly correct. Please use caution and do not be afraid to talk to your attorney and ask him/her for specific information.

Some info you might ask is what reductions they obtained in the meds. At settlement time they always get a reduction, especially if you are using a doctor they recommended.

Read you contract and check to see what percentage your atty gets. On worker comp claims there is usually a cap on how much of a percent they can take.

A good attorney will work with you on the fees and be aware that there always administration fees tacked on t the attys' fees. Admin fees include copies, paralegal fees, document delivery service, mailing and stuff like that. Ask your atty at the outset if these items are in addition to his fees.

Don't be blind sided ask everything up front, so you know what to expect from the beginning.

Settlements are never enough and never what you expect.

Remeber to keep an open mind and don't get any expectations on amounts. Don''t spend the money before you have it.

Good luck and hope your husband is feeling better.

ps. Your attorney has the answer to your question, ask them that is what you pay them for.

Answer 2

Most likely not. Ya see, here's how it works....
Automatically the attorney gets 1/3 of any settlement issued (the attorney lien is always paid first). But BEFORE any of the money gets to you, here's what happens: The attorney negotiates a reduction of the medical bills (but doesn't bother to tell you this either). The difference between the cost of care and the reduction...the attorney pockets ON TOP OF the 1/3 fee. You get whatever is left over and not your H. And now people know why ALL THE BILLS are sent to the attorney for payment and NOT the insurance companies involved.

Answer 3

You won't receive anything for pain and suffering. Unless your husband needs retraining because he can't return to his current job, sounds like everything should be wrapped up. I would ask your attorney for payment for permanent partial disability. Your husband's back and neck will never be completely back to normal. Once you have these type of injuries, it seems arthritis immediately kicks in, and things you used to do, you just can't now. He is lucky his cervical issues have healed nicely. Good luck.

Answer 4

Not unless your attorney asks for a lot of money. You'll get the medical paid and his loss of work, vehicle etc....but tax and the lawyer are gonna take a lot of it. (don't be surprised if you lose your insurance and your husbands job insurance too. They pay, but they make you pay in return.)

Answer 5

I wish you and your family luck - believe me I know all about it, I got hurt at work over 5 years ago and every day is an effort - life is no longer the same. Not only do I suffer, my family and friends suffer because I can't do what I used to do.

Answer 6

about 2.5 million.......