Legal Question in Personal Injury in Missouri

Fair Compensation

i broke my ankle in 2005,received workman's comp & a year later my employer wants to make a settlement offer. what's is fair compensation?

Asked on 2/21/06, 12:19 pm

3 Answers from Attorneys

Richard Stevens The Stevens Law Firm

Re: Fair Compensation

mr. nach answer is good. alawyer needs to read your medical records to assess your claim.

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Answered on 2/23/06, 5:32 pm

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Fair Compensation

Thats a rather difficult question. How bad was the break? How much work did you miss? Do you still have pain? Are you still having any disability? What do your doctors say might be problems you would have in the future? Without knowing these things, it is very hard to give you an answer. Generally speaking some attorneys use a figure of 3 x the amount of medical bills as a guideline for some settlements, but again, the proper value can only be determined by comparing your injuries and prognosis, which you haven't supplied.

A good idea would be to go to an attorney who focuses on this kind of case and ask him to evaluate the claim.

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Answered on 2/21/06, 12:31 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Fair Compensation

I would advise you not to settle your own claim with the employer's representative unless you have first consulted with an honest attorney who specializes in worker's compensation cases and that lawyer tells you that you would be O.K. doing so. In many cases, you will wind up with better compensation for your injury even after your attorney's fees are paid out of the final settlement, then you would be able to obtain on your own. You should be aware that the employer's motivation is not to fairly compensate you, but rather to pay you the least amount possible and get your signature on a release to close the file. Please at least consult with an attorney. If you do not know an attorney to speak with, I can refer you to one of the very best and I am sure that he will give you his honest opinion and advice.

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Answered on 2/21/06, 1:13 pm

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