by goodnatured » Fri Feb 01, 2008 10:58 am
Just had a nephew go through a year of compensation hearings, he was hurt on a drilling rig and ripped his rotator cups, he can not do this type of work anymore so he is going through the office of vocational rehabilitation to get retrained in another field that won't be as laborous and won't affect his injury.
He was initially promised around $80,000, when it was all said and done he got $40,000 and the attorney took 33% of that. He settled out last week and is moving on with his life.
I am curious as to how a settlement is chopped up like this, this don't even cover his wages for the year. The wage and the availability of overtime he would have worked which they could have verified through his wage record would have been over $45,000.
It is all done now, the paperwork signed and I am sure the check is on it's way. I am just curious about how they can chop it up, where you end up with half of the initial offer, makes you wonder, should you jump at the first offer and let it go.
He was initially promised around $80,000, when it was all said and done he got $40,000 and the attorney took 33% of that. He settled out last week and is moving on with his life.
I am curious as to how a settlement is chopped up like this, this don't even cover his wages for the year. The wage and the availability of overtime he would have worked which they could have verified through his wage record would have been over $45,000.
It is all done now, the paperwork signed and I am sure the check is on it's way. I am just curious about how they can chop it up, where you end up with half of the initial offer, makes you wonder, should you jump at the first offer and let it go.
Posted: Sun Feb 03, 2008 12:50 pm Post Subject:
I think that if they do this and they don't win, they should have to guarentee the initial offer.
Why? I don't agree...If I make you an offer and you decide to reject it, and (really kind of) get greedy wanting more more more, (and remember as time goes on so does the opportunity to discover other evidence....) why should I be bound to that offer? All offers (that I've ever seen) incidently have time lines...the letters will say something like, ''this offer if not accepted by such and such date and time, will be withdrawn", so not like they didn't know that....however, an argument could be made if it's worth 80k one day it is the next...but that is not how these things work... :wink: I think something came up for them to settle this low after an initial offer...however, we don't know that it was an actual formal 'offer' by someone who had authority to even make one right?Add your comment