Is There Always a Settlement in Workers Compensation Cases in Florida?

When employees in Florida get hurt on the job, they are eligible to apply for workers compensation benefits. If they qualify, they’ll start receiving their benefits in a matter of weeks. Their medical bills will also be covered by their employer’s workers comp insurance carrier.

The problem is that not all workers compensation claims are approved. The insurance company could deny your claim for any number of reasons. If this happens to you or your loved one, you should call and speak with a workers compensation attorney in Coral Springs.

Your Coral Springs Injury Attorneys Know that Settling Isn’t a Bad Thing

One of the things we always explain to our new workers compensation clients is that most cases settle. Some people don’t like to hear this. They hear the word settlement, and they feel like they’re losing money. What they don’t realize is that you can’t lose money you never had. When it comes to a workers compensation lawsuit, you aren’t promised anything.

If your workers compensation attorney in Coral Springs had to sue, that means the insurance company already denied your claim once. They decided that, for some reason, they should not pay your claim. There’s no reason to think they’re going to want to pay just because you sue them. If your attorney can settle your case, it can be a win-win for everybody.

What many people don’t understand is that a settlement is not a bad thing. When you settle, you’re guaranteed to walk away with a lump sum of money. You don’t have to worry about losing at trial. Nor do you have to worry about the court ordering less money than you feel you deserve.

And remember – you don’t want to wait too long. If you don’t file your case before the statute of limitations period runs out, your claim will be dismissed.

Your Workers Compensation Attorney in Coral Springs Won’t Force You to Settle

It’s important to understand that your workers compensation attorney in Coral Springs will never force you to settle. If they feel the defendant has made a fair offer, they will encourage you to take it. However, if you truly don’t think that settling is in your best interest, that’s okay.

If you are adamant about going to trial, your Coral Springs injury attorney will honor your wishes. However, there are a few things you must consider if you plan on doing this.

If You Go to Trial, You Could Lose

If this happens, you’ll walk away with nothing. And, depending on the facts of your case, you may be ordered to pay the defendant’s legal fees. For example, imagine that you fall at work. Your employer asks you to take a drug test prior to receiving medical treatment. Your test comes back positive for heroin. Your claim is denied. You hire a Coral Springs injury attorney to handle your case. You insist that you don’t know why the test came back positive.

Despite their misgiving, your lawyer agrees to take the case. They find out through discovery that you have a history of drug abuse and have been arrested several times for possession of heroin. You insist on going to trial because the defendant is not willing to settle. You lose in court. The judge finds that your lawsuit was frivolous since you knew you weren’t eligible for workers compensation benefits. They may order you to pay thousands of dollars in attorney’s fees.

workers compensation attorneys in Coral Springs

Your Case May Not Be Worth All That Much

When people decide to file a lawsuit, they envision walking out of a courtroom with a check for millions of dollars. The truth is that you can only recover what you’ve lost. If you’re suing for workers comp, you can only demand the money you would’ve received had your claim been approved.

Or, if you have a permanent injury, your workers compensation attorney in Coral Springs will demand that you receive a permanency award. You could go to trial and learn that all the medical reports conclude that you aren’t permanently injured. You walk away with nothing more than you had when you walked in.

Attorney Fees Will Be Higher

Your Coral Springs injury attorney’s rate increases to 40% if you have to go to trial. This means you’ll be paying your lawyer almost 10% more than you would have if you didn’t go to trial. Even if you win, you may still walk away with less. On top of that, since most judges require the parties to go to mediation, your case may settle anyway.

Trials Are Expensive

You have to remember that you must reimburse your attorney any money they spent in preparation for your case. This includes medical experts, discovery, and administrative fees. If you go to trial, it’ll cost three or four times what it would’ve cost had you settled. These costs come off the top of your settlement proceeds or jury award. Then you still have to pay your lawyer’s contingency fee and your medical bills.

The Defendant Is Usually Just as Eager to Settle as You Are

What a lot of our clients don’t realize is that the defendant is often just as eager to settle as you are. They know they have a chance of losing if the case goes to trial. If that happens, they’ll end up paying your full demand. Rather than risk this happening, they’d rather negotiate a settlement with your Coral Springs injury attorney.

Even if the defendant’s lawyer claims they don’t want to settle early on, they won’t have much choice as it gets closer to trial.

The workers compensation judges in Florida will force you to go to mediation. They’ll also demand that your attorney attend a settlement conference with the judge and the defendant’s lawyer. The goal is to encourage both sides to come to terms with the other party. The last thing the judge wants is to clog up their court docket with more trials.

Contact a Seasoned Workers Compensation Attorney in Coral Springs

If you got hurt on the job and your claim has been denied, you need help. You don’t want to go up against your employer and their team of attorneys. We recommend you call one of our Coral Springs injury attorneys as soon as possible after your workplace accident. You can schedule your free, initial consultation right over the phone.

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