Information on Settlements

If you want to settle your case, you have to get the insurance company to want to settle.

There is no provision of law that requires an employer or work comp insurance company to settle your case.  As long as the insurance company continues to pay benefits pursuant to the Louisiana Workers’ Compensation Act, they are following the law and you usually do not even have a reason to sue them.  If the insurance company has violated provisions of the Act, then a lawsuit many times provides settlement incentive, but most of the time workers’ compensation cases are settled prior to litigation.  

In order to settle a workers’ compensation case for top dollar, a thorough case evaluation should be performed so that all potential claims and avenues of recovery can be identified and properly valued.  These include future indemnity, medical, vocational rehab, and all applicable penalties.  Settlement time is when you most need legal representation. 
 
The proper method to settle a work comp claim is to gather the appropriate documentation to support monetary figures representing the various obligations that the insurance company has going into the future and those obligations resulting from past misconduct.  Whether you have a claim for death benefits, indemnity benefits, medical benefits, or penalties, the insurance company will scrutinize your case carefully and methodically to predict the amounts it may have to pay.  Your attorney should prepare and present your case in the same way.

Remember, once you enter a full and final settlement, you will not be able to claim work comp benefits from your employer or the insurance company as a result of your accident.  It is almost always a one shot deal.  If you fail to obtain monetary value for all of the components of your claim, you have left money on the table.

The insurance company is only concerned about what it may have to pay in the future.  The insurance company’s evaluation of their future exposure is the only factor they use in calculating what they are willing to pay in settlement.  They do not care what happens to you after you settle your case.  Your adjuster may be the nicest person in the world, but at the end of the day he or she can only get authority to pay you what the insurance company perceives as an amount less than what they would pay you over the life of the claim.  Do not let the insurance company completely control the settlement process.  Careful preparation of your case, whether presented through the litigation process or through settlement negotiation is critical to obtaining a good result.
           
FREE CONSULTATION

I would be happy to speak with you personally, on the telephone, or by email about your case.  I will explain what the insurance company owes you and why at no cost or obligation to you.  I am one phone call away.  Toll Free 1-866-712-2667 or in Baton Rouge 387-0293 or by email.  My firm represents injured workers all over the State of Louisiana. If you fill out this short contact form, I will contact you at your convenience and we can jump start our conversation and get right to the point.