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Thuyle265's avatar

Should I take the settlement?

Asked by Thuyle265 (101points) June 25th, 2021

Hi,
So I got injured from my previous job 2 years ago and develop carpal tunnel. I eventually got a lawyer to fight my case against the workers comp insurance injury because I wasn’t able to work for a while due to my hand injury. Yesterday I got some news that the insurance company are offering me 20,000 dollar as well as paying for my school to learn a new skill in order to gain a new employment
I was wondering if I should take it or aim higher, my lawyer said if we aim higher we will have to do court for another 6 months.

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23 Answers

chyna's avatar

Did your lawyer say if he felt that you could get more money if you went to court?

smudges's avatar

Carpal tunnel is a risk in many jobs as well as everyday life. I got it in both wrists and wasn’t even working, but had the surgery to fix them. I’d take the money and run.

janbb's avatar

^^ I’m with @smudges. I got it from computer work and never thought to sue for compensation. $20,000 and money for new career training looks pretty fair to me.

kneesox's avatar

It sounds like a generous offer to me and it also ends the hassle of pursuing compensation. I’d say take it and be done with it.

I had carpal tunnel surgery on both wrists and never thought of blaming my employers. Use of the hands on keyboards and printouts was part of my job for decades. I might just as well have blamed my family for the motions of sauteeing mushrooms or stirring sauces. Insurance covered the procedures, and I didn’t expect anything more.

I happen to think that one of the big things going wrong in this country in recent times is the notion that if anything bad happens to us, somebody owes us money.

Thuyle265's avatar

My lawyer just tell me I can try to aim more if I want to and if I settle for the offer I don’t need to give him my portions of the 20,000 and his 15 percent will comes from part of the school money

janbb's avatar

^^ You may need all of the school money!

Inspired_2write's avatar

I would ask that lawyer to have a part in the settlement state that all Court costs should be paid by the insurance company as well, Then if they agree take it.
By the way I had carpal tunnel in both wrists, had unemployment medical leave pay for 15 months where I had physio therapy treatment for all that time and lo and behold my wrists were 99% better. Just if I pick up any heavy item it will strain and hurt for about two days as long as I am careful to NOT pick up weights etc

AshlynM's avatar

I would just take it. It’s better than waiting another six months.

jca2's avatar

Take it.

cookieman's avatar

Given how common carpel tunnel syndrome is (I got it from computer work), I’d consider yourself lucky and move on.

RedDeerGuy1's avatar

I wouldn’t take it if I would be unemployed for more than one years pay. I don’t know if it is a thing but I would ask for a partial settlement for living expenses at 50% and persuing a higher final settlement later for the final 50%.

RedDeerGuy1's avatar

$20,000 can burn away very quickly. I would not waste money on a university or trade school unless you’re certain that you will be happy in it. Or else it would just be an expensive vacation.

Thuyle265's avatar

My lawyer said that 20,000 is low and the payout is supposed to be around 30,000 to 40,000. We have a good case because they wasn’t able to say why my hand wasn’t cause by work and made up a bunch of lies. I won the first time and they contest it and want a do over. Now they just want to settle so they won’t lose.

kneesox's avatar

Well, then, it sounds like you’ve made up your mind and don’t need opinions from us.

Poseidon's avatar

Your lawyer may be right and he/she may be wrong.

If you reject the current offer and if the insurances company know they are on sticky ground then they are very likely to increase the offer substantially because they would not want a court case and the company would not want adverse publicity.

Your lawyer should have a good idea of how strong your case is or is not and you should be guided by him/her.

It is very possible that carpal tunnel will, or can be cured but not always. Your lawyer should be looking into the long term effects and advising accordingly.

If your wrist is now better or it is likely to be cured relatively quickly I would seriously consider taking the offer made.

However, of course only you can decide after taking the advice of your lawyer.

smudges's avatar

@Poseidon If you reject the current offer and if the insurances company know they are on sticky ground then they are very likely to increase the offer substantially because they would not want a court case and the company would not want adverse publicity.

On the other hand, if the offer is rejected, they may not offer more, but rather just sit back and see what happens because at that point, the ball is in OP’s court.

JLoon's avatar

Hey everyone. Not so fast.

So – some of you have had carpal tunnel injuries and got nothing, or very little, because you never asked for compensation and never got legal advice. Fine for you.

But your choices don’t necessarily add up to good answers in this case. The question really is what this or similar injury claims are worth in terms of cash value.
And the answer is – usually more than $20k.

Overall settlement values can vary state by state, and even county to county according to economic factors and particular facts of each case. But based on nationwide surveys the average jury award in carpal tunnel injury claims is between $35,000 – $70k, including pain & suffering and economic losses. Check out info here :
https://www.fasigbrooks.com/2018/05/carpal-tunnel-cases-average-pain-suffering-vs-ec/

So should Thuyle265 take the insurance offer? Totally up to her. But anyone in this situation should decide after learning what they can about the actual economics, and hopefully getting competent advice from a qualified attorney.

We’re all wonderful and everything, but still just jellyfish…

smudges's avatar

She asked if she should take the settlement – we gave our opinions.

And yes…we’re all wonderful jellyfish! >8^)

Thuyle265's avatar

Thank you everyone, your opinion is very helpful because I have been at conflict with what i’m suppose to do. In my mind if I take the 20,000 and go to school, I feel like 20,000 is not a lot and I still don’t know if school is right for me because I don’t want to waste my time in school when I haven’t find out what I’m passionate about. Taking the 20,000 would be good in a way I won’t have to deal with the court cases again and move on with my life. But like others said if I pursue there’s a chance I won’t get more and there’s a possibility I will get less so that option is what I’m afraid of. I guess both in a way seem like a win situation since I am getting something from my injury, but I just want don’t want to make a decision and then regret it later on.

jca2's avatar

@Thuyle265 Ask your attorney if court would mean a doctor would have to testify, and if so, who pays for that? I know that to have a doctor testify in court on your behalf is very expensive, if you are paying.

Thuyle265's avatar

Hi, so today I talk to my lawyer and let him know that 20k is not enough and we decided to make the deal of 35k to see if they will settle and in the end I was able to get 30k because I still owe my lawyer 5k for his work. They’re also giving me extra money to pay for my schooling as well. I just want to say thank you for helping me out and everything.

chyna's avatar

Good to hear!

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