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P. Simmons
P. Simmons, Lawyer
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How much is a good settlement for a head, neck and back injury

Resolved Question:

How much is a good settlement for a head, neck and back injury on the job?
Submitted: 4 years ago.
Category: Employment Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You ask:

How much is a good settlement for a head, neck and back injury on the job?

Answer:

Depends...depends on several factors. The two main factors will be damages (how much has it cost so far and will it cost in the future) and liability (who is at fault for this and is it covered by workers compensation or not)

The damages are the most important...how much? How much will it cost to treat this injury? How much have you paid so far and what can you be expected to pay...and what is the potential that this will limit your ability to earn income in the future.

You settlement is a "one shot" deal...you need to reach a settlement that covers not only current costs, but all future costs.

So the start is to determine what this will cost you all together....then you have some idea of what to ask for. Obviously the more injured you are, the more you are going to ask for.

Liability is the other issue here...if this is covered by workers comp...then your ability to sue and collect is limited...so you ability to negotiate a settlement is also limited.

But if workers comp does not apply, and the employer is liable (it happened on the job and was their fault), then you stand a better chance to win a lawsuit...so you can ask for more money.

Let me know if you have more questions



Customer: replied 4 years ago.
Is 40000 a reasonable settlement offer? My attorney tells me I cannot apply for Social Security disability benefits until I have spent this amount out of pocket before SSD will begin covering me again for this injury. I was out of work nearly a year with SSD payment of $900 a month and I went to physical therapy 2 to 3 times a week due to the pain. I have taken two leaves of absences due to this pain.

Also the lawyer said in order to receive the settlement I had to stop going to physical therapy or the judge would not accept the settlement offer if he saw that I still needed treatment.
Expert:  P. Simmons replied 4 years ago.
Yea, that is the key...."if you still need treatment"....you need to determine what the future costs are...what is your lawyer telling you about that? What are the "future costs"?
Customer: replied 4 years ago.
He hasn't told me anything; do I need to see a different attorney? I also am not sure about this disclaimer that I need to pay out of pocket $40000 before receiving SSD if this injury puts me out of work again. What is your advice?
Expert:  P. Simmons replied 4 years ago.
As I said, any settlement you make has to include all future costs (you only get one settlement). That is what your attoney should be doing for you...helping you calculate that figure! If he or she is not, you need a new one that will.

Yes, its possible that if you get a settlement for this injury you can be required to pay out of pocket a portion of the settlement before you can collect SSD.
Customer: replied 4 years ago.
So paying the full $40000 before receiving benefits again would be asking too much before receiving SSD benefits in the future.
Expert:  P. Simmons replied 4 years ago.
Not sure I understand what you mean by

So paying the full $40000 before receiving benefits again would be asking too much before receiving SSD benefits in the future.

If you take a settlement you do not have to pay anything...unless you apply for SSD for the same condition




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Category: Employment Law
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Experience: Employment Law Expert
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