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dylatess
dylatess, Attorney
Category: Legal
Satisfied Customers: 4658
Experience:  35 plus years representing clients with their legal issues
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i have a table saw injury to my dominant hand which left me

Customer Question

i have a table saw injury to my dominant hand which left me with a lifetime of pain and would never do woodwork again. also i will be using medication apparantly for the rest of my life. i have a offer from defendant for approx $50k. can someone advise as to whether this is a reasonable offer or not? also, i feel extremely pressured by the defendant and my attorney into taking it. should i go to court?
Submitted: 1 year ago.
Category: Legal
Expert:  dylatess replied 1 year ago.
Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.

Before you consider any settlement, remember your words that you will be left with a lifetime of pain.
Likewise, has your attorney provided you with jury verdicts involving similiar cases so that you can decide what is fair? This is your attorney's job- that is to educate you on the legal process which includes explaining how a case is valued and what similar cases have been valued at. Remember, he does not have to suffer pain for the rest of his life.
Accordingly, though without an extensive review of your medical record, no one can tell you what your case is worth, you need to have a heart to heart with your attorney. and the option of going to court may be your best solution.
Customer: replied 1 year ago.


hi, thank you for your honest response. if you could allow me to add a few more details-


1. for the workers comp insurance, they will recieve approx 40k from over 250k . meaning they spent that much on my injury and was supposed to get that back from my third party offer if the offer is more than twice that much. my attorney claims (after i asked) they are ok with that.


 


2.my attorney told me i have one day to decide, thats right now.


 


3. he said there is a pre trial tomorrow, thursday, so they need an answer today. i only heard of this pre trial yesterday.


 


i'll see to it that you get paid for your answer, $43?i promise. please help i'm desperateInnocenttitle="Innocent"/>

Expert:  dylatess replied 1 year ago.
As for the work comp offset, that sounds right. But you are surely being presssured. And it is bordering on malpractice if you just found out about the pretrial. But do not fret. A pretrial simply means that the court is ordering everyone to come together to see if the case can be settled or needs to go to trial. Likewise, many, many times the parties do not settle, set the case for trial. And then, right before trial, the case still settles. So my advice is this- do not settle as you do not have enouigh infomation from your attorney. Set the case for trial and once you are satisfied, settle. If you are not, go to trial. Regardless, you still need that heart to heart with your attorney before you can decide yours and not his future.
Customer: replied 1 year ago.


i thank you Mr. Dylatess and appreciate your advise very much. Concerning the heart to heart, the info i gave so far was actually from the said heart to heart, and is the main reason i am seeking your advise. So, is it correct to say, that if i dont give him his answer today that its not the only chance to settle. I can still settle after the pre trial? Oh, i was told that the judge is telling them (both sides)to wrap it up. Its been about 5yrs since my attorney filed. i promise thats it, i'll close our talk after this, and if i need more advise i'll come back... (i pretty sure i'll need you again. is it ok if i request you next time?).Thank you Dylatess.

Expert:  dylatess replied 1 year ago.
Yes, there is definitely still time after the pre trial to continue settlement discussions. And forget about what the judge is saying- he just wants to clear his calendar. So do not feel pressured.
dylatess, Attorney
Category: Legal
Satisfied Customers: 4658
Experience: 35 plus years representing clients with their legal issues
dylatess and 12 other Legal Specialists are ready to help you
Expert:  dylatess replied 1 year ago.
Thank you. I wish you well.

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