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Pezzano Mickey Law

Permanent Partial Disability

  • By: Lisa Mickey
  • Published: September 18, 2019
What is a Fair Settlement Value for My Permanent Partial Disability Claim?

Most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The dollar value of the claim will depend on several factors, including:

  • Your average weekly wage at the time of the accident.
  • The amount of lost time from work.
  • The results of objective medical testing.
  • The nature and amount of treatment provided, and whether that treatment was authorized through workers’ compensation.
  • Any permanent work restrictions as a result of the accident, which prevent you from continuing in the same line of work, or require your employer to provide you with ongoing accommodations to do your job.
  • Your level of impairment at both work and home.
  • Any recreational activities you are unable to enjoy as a result of your injuries.
  • A comparison between your pre-accident disability level and current disability level if you had a pre-existing injury.
  • The nature and extent of medical treatment you underwent. Generally, if you had surgery the value of the permanency claim increases.

If the medical testing failed to reveal objective evidence of an injury and you only received minimal medical treatment, you will most likely receive a token settlement offer, since the insurance carrier knows that your case could be dismissed at a Trial. The settlement award should reflect the degree to which your injury has limited your ability to work and engage in your usual activities. Please see the “Permanent Disability” chapter for information on how the dollar amount of the award is calculated.

You must remember that when there is a dispute over a claim, and either side may prevail at Trial, a fair settlement represents a compromise between the highest amount you could be awarded, and possibility of an outright dismissal of the claim.

Coming to terms with your new or worsening disability can present a number of challenges in your life. Chief among them is often the concerns raised when planning how you will handle the expenses, medical costs, or missed opportunities to earn wages. In addition, when dealing with the insurance company, they may make it feel like you have no options or are not in control of your situation, but thankfully, Permanent Partial Disability Attorneys are there to help.

At Pezzano Mickey Law, our goal is to aid those struggling to make a disability claim. Our team of seasoned and specialized Disability Attorneys is located at our offices in either Flemington or Phillipsburg, NJ, and are ready to help you fight any unfair settlement or denial of a claim. Unfortunately, insurance companies are in the business of making money and holding on to as much of it as possible, and many times if a claimant does not have the leverage of a Permanent Total Disability Claims Attorney on their side, the insurance company will be successful.

While it is challenging to predict the precise settlement you may reach without discussing the details of your unique case and situation in-depth, it is almost all but a guarantee that hiring an attorney will benefit you in the long run when dealing with disability insurance providers. Handling the disability is challenging enough for many people. The last thing you need in this already difficult time is the added challenge of navigating the disability insurance claims process independently.

While not impossible, trying to battle the insurance provider for the benefits and compensation you deserve after a debilitating injury is incredibly challenging. With teams of high-powered and experienced attorneys on their side, it is extremely unlikely that you will win your sought-after benefits and compensation. However, by taking factors mentioned above, such as lost wages, ability to participate in the activities you enjoyed before the disability, and the comparison between your activity level pre and post-injury, we will be able to settle on a number that works for you before proceeding to handle the insurance company.

If the disability was induced from an injury sustained while on the job, hiring a Workers’ Comp Permanent Disability Benefits Lawyer will be the most beneficial option available to you. Since maneuvering around the Workers’ comp claims process can be complex and arduous, especially when already dealing with an injury or disability, hiring an attorney will lighten your load and allow you to focus on things that really matter in your life.

At Pezzano Mickey Law, our team is ready and waiting to assist you in getting your quality of life back on track after a new or worsened level of disability sustained after an injury. By scheduling an initial consultation at your choice of our offices located in Phillipsburg or Flemington, NJ, you are taking the first step to recovery. We will discuss your situation from this meeting, goals in resolving the matter and plan the course of action that best makes sense for you. So, don’t hesitate and call today!

Lisa Pezzano Mickey

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