Can I settle the claim after I already accepted the new job position with restrictions and if I accept a light duty job position do they have to pay me the same amount per hour I was getting with the other job position? I had an attorney but she wasn't helpful. She didn't want to answer specific questions like this so I told her to withdraw. The settlement offer was only for $7,500 which means she would have received $2,000 and I would have gotten $5,500 after the 25% and expenses. Can I negotiate again and ask for more? Last time they said $,7,500 was the maximum amount. This is for 2 cervical strain injuries and it resulted in a mild bulge disc and my back gets aggravated from no pain to mild and if I use it more it can get to moderate with normal use. It was severe when they put me back in my old job position. It only took 4 days to go from mild to severe with swelling. My back isn't the same. Still that's the most they can offer. What the hell. I had a doctor but the fool requested for FCE test which means he can't treat it anymore. I cancelled the FCE test simply by switching doctors. The FCE isn't accurate because it doesn't really show how bad an injury is. It took four 12 hour shifts to go from mild to severe last time. If they are only offering me this job it would be better to accept another job position than the offer right?
@marvel_professor As long as both parties wish to settle you can settle. However, if the employer has decided they do not wish to settle, they may pull that offer or reduce it. Also, if you settle, there is a likelihood that they will ask for your resignation so that you do not continue to work there. Just know that is a high possibility. One last thing, your former attorney can also file a lien on the time they spent on your case so if you do settle, they may get paid from whatever amount you settle for. Good luck moving forward. Ty
@@TyWilsonLaw i dont think so, i am going through a DBA claim now (4.5 yrs and counting) and my lawyers are talking about mediation now. so was looking at different videos to see if i am missing anything. Thanks
Settlement mediation is a great way to get a better understanding of what is good and not so good about your matter. The neutral mediator will give you an unbiased opinion if you ask. Or at least give you perspective about what a Judge would be focused on. Good luck. Remember the goal is to find out what will the other resolve the dispute for so it is a process. You will get plenty of time with your attorney and it is good to make sure you are clear about what your sides goals are. Ty
