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TexLaw
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4164
Experience:  Lead Personal Injury Trial Lawyer
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Im trying to find out whether a friend who had an accident

Resolved Question:

I'm trying to find out whether a friend who had an accident over 5 years ago at the very least, should still be waiting for a compensation payout. He had a fall (30ft off a ladder) and subsequently now receives Workman's Compensation and no other benefits. He worked within the building/stucco industry.

He informed me he is still waiting on his case to progress towards a court date / being paid/settled. I'm a little dubious about these details. I would be very grateful for advice on the legalities of this type of personal injury situation as it seems to be an extremely long time to wait, what types of things could potentially cause a hold-up for a lawyer in a scenario like this, and would be also grateful to know whether this type of waiting period is normal.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question. I need more information to help you.

In what state is the workers' compensation claim pending?

Do you know if there is a separate suit that your friend has filed other than the workers compensation claim?

I look forward to hearing back from you.

-ZDN

Customer: replied 1 year ago.

Hi


 


He lives in California and is currently receiving approximately $400 Workman's Compensation every 2 weeks apparently.


 


I'm not 100% sure whether a separate suit has been filed, as he hasn't told me. He has only told me that he has been waiting for a payout for around 5 years and is currently awaiting a court date.


 


As I've been helping him financially, I'm just trying to obtain more information about how these processes are handled.


 


Thanks for you help.


 


Kind regards


P

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

If we assume everything he said is true and that he is well informed of what is going on with his claim, then we can also assume the following:

1. Your friend's attorney and the workers comp attorney do not agree on the disability rating of your friend or the extent of his injury (which determines the amount of the lump sum award).

2. This means unless there is an agreement reached before trial, then a lump sum settlement offer will not ever be part of the deal and your friend will continue getting paid out over time.

3. Once the trial is completed and/or a stipulation is reached, then your friends pay outs may become larger. However, a lump sum payment only comes when there is a final settlement, which is never after a trial.

As far as the time it takes, each case is different depending on the individual circumstances and facts. Sometimes, the medical improvement of your friend may take time, causing a delay on finality. Sometimes both the attorneys involved are very busy and the trial date will be delayed until they are both available. Sometimes the court that the trial is supposed to go forward in is very busy. The court system in California generally takes years to resolve a case, so 4-5 years is not unrealistic.

Please let me know if you have further questions on this matter.

Best Regards,
ZDN
Expert:  TexLaw replied 1 year ago.
Hi,

Please let me know if you need further information on this issue.

Also, please be aware that although you have made a deposit, the website does not compensate me unless you rate me positively.

I appreciate your business.

ZDN
TexLaw, Attorney
Satisfied Customers: 4164
Experience: Lead Personal Injury Trial Lawyer
TexLaw and 6 other Personal Injury Law Specialists are ready to help you

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