The plaintiff, a truck driver, suffered a ruptured cervical disc.
The plaintiff underwent 2 surgeries to address his neck injury. He retained a lawyer who sent demand to the insurance company offering to settle his case for $ 175,000. The plaintiff was concerned that the demand was not sufficient, and sought new counsel.
The demand was withdrawn, and a claim for permanent and total disability was filed. It was during this litigation that the plaintiff’s new workers’ compensation attorney was able to negotiate a settlement for the employee for a $ 100,000 more than was originally demanded.
The employee’s case was settled with proper allocation under the Social Security Act, which allowed him and his family to receive the maximum Social Security Disability benefit available given his earnings record.
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