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Reasons Not To Settle Your Case Now3 minute read

Settlement sounds great.  It means you can move on with your life.  It generally means the insurance company pays you a lump sum check.  But before you decide to settle, you need to know some reasons you should not settle your case now.

Two things you must know about settlement

I often get asked about workers’ compensation settlements.  One question I get asked is when and if people should settle their workers’ compensation cases.  The answer to this question often depends on the particular circumstances.

The two most important facts to understand about settlement are:

  1. You do not have to settle your case
  2. Settlement of a workers’ compensation case is final

Before reading further, take another look at #1.  It is very important to understand that you do not have to settle your case.  Ever.  Since you do not ever have to settle your case, that also means that you do not have to settle your case at any particular time.

Now, take another look at #2.  You need to know that settlement is final.  Once your case is settled, you cannot go back and change it.  When do you decide to settle, you need to make a good decision.

Don’t rush into a settlement

Before you settle your workers’ compensation case, here are some reasons that you might want to consider not settling yet.

Doctor examining leg of patientYou are still getting medical treatment

You can settle your case at any point. That means you can settle your case weeks, months, or years after you get hurt.

It is almost never a good idea to settle your case right after you get hurt.  You do not have enough information yet.  You probably do not yet know how bad your injury will be.

To make a good decision about settlement, you really need to know what medical treatment you will need in the future. You also need to know how long you will likely be out of work.  You need to know how your injury will affect you in the future.

Without this information it is difficult to know how much you should accept to settle your case.  Your decision about settlement is almost always better if you can predict the future as accurately as possible.

How can you accurately predict future medical treatment and disability?

I am not a fortune teller.  I cannot predict the future.  However, part of my job is to give advice about settlement.

That advice includes considering what will likely to happen to my clients in the future. This is very difficult to do soon after their injury.  But it becomes easier to do more accurately as time passes and they get medical treatment and testing.

It is often best to wait until you reach maximum medical improvement (MMI) to decide about settlement.  MMI means that your doctor believes you are as good as your are likely to get.  Then, you should have a pretty good idea of what the future will hold.

Is waiting always best?

No.  Sometimes, you may want or need to settle your case sooner rather than later.  Maybe you can get back to work after settlement.  Maybe you do not want the medical treatment the doctor wants to perform.  Maybe you just have to settle.

Settlement is about making the best decision for you.  Sometimes, waiting is not a good option.  Just make sure that you make the best decision about when to settle your case.

Questions about settlement

You can also get more detailed information by reading my more detailed article about settlement.

One of the best ways to get your questions answered is through a free consultation with one of our firm’s workers’ compensation attorneys. Many people have questions about what a free consultation is and how long it will last.

To help explain that, we have put together an article that explains that process in workers’ compensation cases.  That article takes you through the whole process and explains how to set up a free consultation.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!-Brittney
China JonesChina Jones
18:58 08 Feb 22
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
moombimoombi
21:14 02 Jan 22
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.
Dana BessDana Bess
23:57 10 Dec 21
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.
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Jason Perkins

Workers' Compensation Attorney

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