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I sustained a thoracic spine injury in 2003, when jerked away…

Customer Question
I sustained a thoracic spine...
I sustained a thoracic spine injury in 2003, when jerked away from an adult sized child who was going to punch me in the face. I received a 9% disability rating and $9000.00.

Workman's comp has been paying for my pain meds.

They now want to settle for $35000.00. I don't want to be greedy. Is that amount a typical amount for a spinal inury.

Your input would be appreciated
Submitted: 6 years ago.Category: Personal Injury Law
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Answered in 8 minutes by:
3/12/2012
Personal Injury Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,291
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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The amount of the settlement is based on your permanent disability rating, which at 9% is relatively low. You would have to look at the total amount of workers compensation benefits you would lose for your 9% disability up until your retirement age to determine if they are in the proper range (an attorney would need to examine your pay rates at the time of the injury and your benefit payments to make a full proper determination which we cannot do here in this forum), but as a general rule if they are offering $35,000, they likely have authority to go to $50,000. If you are able to continue working, then the offer is in the ballpark if they are going to continue paying your medicals. If they are not going to continue medicals then you need to consider going to a workers compensation attorney and pursuing more because as time goes on a back injury gets worse not better.


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Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,291
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Customer reply replied 6 years ago

Thank you very much. I figured that $50,000 was a more likely amount. As a counter offer I will ask for $48,000. I would be satified with something in the middle. Again, thank you for your assistance.

 

 

Personal Injury Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Typically they will come back at $38,000 or somewhere in that range, so you just need to negotiate with them.
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