Legal Question in Workers Comp in Michigan
Structured settlement
My husband has been on workers Comp for three years now as a result of a TBI, he has been declared disabled and will never work again. He cognitve problems, memory, fatigue, etc. He is 45 years old, we have an 18 year old daughter who will be starting her second year of college and plans to go for three more years. My husband was a truck driver and made approximately $44,000.00 per year, his comp is $541.00 per week. We have been offered a structured settlement of $200,000.00 with no medical liability for husband. My question is, this seems like a very low offer, can we persue an attorney and request a much much higher amount ? How long do these settelments when an attorney is handling it take ? We feel very cheated, how do you put a value on someone''s life ? Thank you
2 Answers from Attorneys
Re: Structured settlement
You need an attorney to evaluate every aspect of settlement - not just weekly benefits. I do not work in worker's comp, but I have an of-counsel arrangment with another local attorney who does nothing but this type of law. You may call my office direct and I will put him on to speak with you about proceeding to a fair resolution of your husband's case. My direct line is (734) 544-7676.
Don Darnell
Re: Structured settlement
What has to be done, is that a company who specializes in treating TBI cases has to review your husband's medical and determine what type of services will be necessary fo rhis future. You, as his wife, are entitled to compensation for services provided to him as the result of his injury. If he redeems his case, he will be unable to get additional benefits for medical and nursing services in the future. That is where the value of his case lies......The weekly benefits are the smallest part of figuring the value of the case. You need a lawyer who specializes in workers comp. Do not go to someone who just dabbles in it. I have been specializing in workers compensation cases for 26 years and was a former adjunct member of the Workers Compensation Appeal Board. Remember, the insurance company does not exist to give you any gifts. If you have further questions or wish to speak with me, call me at 248-353-9400.