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Thank you! The information provided assisted me in understanding my case and identified the topics I have not had with my attorney. I will be calling you.

@GonzalezLawEmpower

Жыл бұрын

You're welcome 😊

This is the best information I've gotten in 15 year on this case thank you!

@GonzalezLawEmpower

10 ай бұрын

Glad it was helpful!

Thank you mrs/miss Gonzalez it was definitely helpful 🙏🙏❤

@GonzalezLawEmpower

2 жыл бұрын

You're welcome Rah Vision :-)

MUCHAS GRACIAS POR VALIOSA INFORMACION..

@GonzalezLawEmpower

2 жыл бұрын

You're Welcome :-)

Outstanding information!

@GonzalezLawEmpower

10 ай бұрын

Thank you Kevin :-)

After over 2 years of PT after surgeries and countless follow up appointments my treating physician placed me on permanent and partial disability. I already seen a QME and have all the reports from all doctors as well as the offer to settle for a stip from the insurance company. My employer did offer a position for me as well. A ideal case right. Based on the percentage of disability , the insurance company calculations came to about $19k. I have considered a C&R and asked for them to give me a offer and be done with everything. That offer was about $37k. I felt that was way too low and left everything alone and haven't excepted anything. I'm sure I will need a attorney with C&R but not sure about the stip. I know I would need to send over paperwork to a attorney for me to find out but I just don't want to get a attorney if I already have a offer for $19k and $37k if it's not much of a better offer after attorney fees, more time wasted and such. I don't want this to take months if I get a attorney and I already did my part requesting all docs and QME reports on my own. Any suggestions?

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question, If you want to Stip, you can do it without an attorney. Get a DEU consultative rating to make sure the pd is correct. The info and assistance officer can help you with that and with finalizing your settlement.

Thank you Naomi, my attorney sent my settlement amount about two months ago. All I keep hearing is it's normal that its taking so long. This video definitely helped me understand why it's taking so long.

@GonzalezLawEmpower

6 ай бұрын

You're welcome :-)

@davidmurphy4632

6 күн бұрын

If you don’t mind me asking, how long did you end up having to wait. Kind of in the same situation signed about two months ago still nothing…

@arnulfojrgasca5558

6 күн бұрын

@@davidmurphy4632 All good bro, it's hard to get a solid answer from anybody, even your workers comp lawyer. Mine took about 6 months, I decided to settle the case though. If you decide to not to settle it'll take about a year. If its a minor injury I'd settle but if your really hurt to where it's effecting your daily life I'd continue with the case. Some workers comp cases can take less than six months though, just hang in there.

Thanks

@GonzalezLawEmpower

2 жыл бұрын

You're welcome Charles :-)

This was a great video. I am so much more informed. Great delivery and clear verbage.

@GonzalezLawEmpower

2 жыл бұрын

Thank you Daniel :-)

@danielrobinson9270

2 жыл бұрын

@@GonzalezLawEmpower You're welcome!

Ty

@GonzalezLawEmpower

3 жыл бұрын

You're welcome :-)

How long should you give the defense attorney to give an answer?

How much should I request for settlement?

Have a quick question about temporary disability benefits and or permanent disability benefits. Does these payments stop if a settlement demand moves forward my state doctor before sending out his report he requested an MRI and also a nerve test to finalize his report should be sometime this month I am receiving temporary disability benefits when will those. And we'll another disability benefits begin during the whole settlement process

@GonzalezLawEmpower

Жыл бұрын

Hi Edward, I cannot give you exact info as there are a lot of unknows about your case. But in general, if you are on TTD, that will continue until either (1) a doctor finds you Permanent and Stationary in their final report or (2) you reached 104 weeks of payments, the max; or (3) a doctor releases you to work full duty or with restrictions that your employer is able to accommodate. If TTD stops, sometimes PD advances start if you are not working and if there will be some PD in your case. General info, not legal advice, not representing you. Hope this helps, Naomi

Thank you for the information! I should have gone with your law firm.

@GonzalezLawEmpower

Жыл бұрын

Thanks William 😊

@william3329

Жыл бұрын

Maybe I could ask you a question if that’s possible?

@william3329

Жыл бұрын

In 2018 I suffered a heart attack at my place of employment that ended my career of 25 years in law enforcement. I was diagnosed with PTSD and had several injuries that needed to be addressed. I’ve had so far a total disc replacement in my neck, carpal tunnel surgery in both hands, left shoulder rotator cup surgery. I still need to have a right hip replacement and right knee cap replacement. Both of those injuries were accepted by the insurance but now they have denied any surgeries to fix the problems. The defense attorney has taken into consideration our proposed settlement offer of several million dollars. However, they want a structure settlement in place with potential open medical. Here’s my question what good is it to have open medical if they are going denying treatment. Is there any options to getting medical treatment and not have wait the year until I can resubmit for treatment. Again, I appreciate your law firm’s passion to help people navigate an very complex worker’s comp process.

Without an attorney would you just request or counteroffer for a higher compromise if you think the compromise and release is too low?

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question. If you are given an offer and you think it is too low, you would give a demand (dollar figure you want to settle for). Usually a higher than you expect so you have room to go down before you hit your lowest acceptable offer. But watch out, if you demand too much, it can shut down settlement negotiations and keep you from settling. Hope this helps, Naomi

@559FRESNOESF

3 ай бұрын

So if they offered 30k and 6k for new job training but i think 40k would be more worth it and fair should i maybe counter offer 50k or would that be possibly going to high and cause me to probably lose out on their original offer? I know your not representing me and not my attorney because i really don’t want an attorney just asking for an educated opinion on what i should counter offer to get the 30k to at least 40 without scaring them off n losing out …please let me know what a good counter would be

I signed my C&R papers about 10 weeks ago. There is still nothing on the EAMS website. Is this the normal time frame? Can I do anytjing to speed up the process?

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Precision Tactics :-) Usually one of two things has happened, 1) there is an outstanding issue that needs to be resolved like EDD or credits. 2) the defense is just sitting on it. You sure your attorney emailed the signed docs to them? I would file a status conference to push the issue. Hope this helps, Naomi

I will get a call from my attorney to settle a settlement, I was dined for my RFA ablation 💉 but my FCE was valid and the doctor from worker's comp gave me a permanent work restrictions. Now I'm assuming he wants to settle a perhaps a payment of maybe a few hundred dollars and should I go for it! I missed my IME appointment not intentionally and my benefits were stopped or on hold and in the end the IME doctor denied my ablation treatment. I got hurt back in May 2021 and I'm still a 9 out of 10 pain level. I need help, from work I was rushed to the ER and all they did was over the counter medication 💊. I just can't be out of work!

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Mariovo, That really sucks that the ER would not take you seriously. I feel like you are not in California, so I can't really give you directed comments. However, if you are in a position that you need money but cannot work, have you considered applying for social security disability? IDK your injury or age, but it might be possible for you to qualify. You do not need to be 65. If you would like a referral, I have one. Text "Mariovo SSI Referral" to 909-266-0003. As for your denial, your state must have an appeal process. You should appeal if you have not done so already. Hope this helps, Naomi

Hello Naomi. I absolutely love your worker comp videos they have helped me so much during my own case. I finally signed a settlement. My question to you is if it’s true that once I sign this settlement I can no longer continue care and/or therapies. Even though it has not been finalized by a judge? I was under the impression I could still continue care until the judge finalized the settlement. I had attended 2 Dr visits as I had understood from my lawyer I was still able to. But when I emailed my lawyer about seeing a different Dr my lawyer then wrote me that I should not be attending anymore visits as I could be liable to pay out of pocket since I already signed the settlement. Is that right? Thank you in advance ❤

@GonzalezLawEmpower

10 ай бұрын

Hi Sandy, Generally speaking, If doing a C&R, You can continue to treat until the OACR is issued. They may be concerned that you might not know when it is approved and continue treating afterwards. Just a thought. General info. Not legal advice, not representing you. Hope this helps - Naomi

@Sandie_J

10 ай бұрын

@@GonzalezLawEmpower Thank you so much for your response. Can I ask what is an OACR? My settlement is a Comprise and Release. I just learned the Judge signed the settlement yesterday. (Yay). But since I’ve was continuing to see my worker comp ptp before the judge signing ( not knowing I shouldn’t) will or can the Dr charge me for that visit? Or will it still be covered under workers comp? Thank you again for your videos.

@GonzalezLawEmpower

10 ай бұрын

@@Sandie_J Order approving compromise and Release. No, defense is responsible for paying until the date of OACR. Any service date prior, you should be fine

@carmelitahinds2067

10 ай бұрын

Hi @sandyperez8408 ..I have same story here..I signed my worker’s camp settlement exactly a month today and had a doctors appointment last Friday being that I settled with them I was wondering the same thing do I continue going to my doctors appointment?and what I wanted to know do I have to wait for a court day for the settlement or do the judge just sign?

In the Draft Settlement Demand Letters, does the attorney document "Sent Via Email" to the Defendants (opposing counsel)? How can we tell the difference between a "draft" and the real settlement demand letter sent?

@GonzalezLawEmpower

3 жыл бұрын

Hello Nancy, thank you for your question. Are you referring to a draft Word document? I am not sure how you are viewing this document, so you know you are interpreting it correctly. Most attorney offices have a system in place to know if something is a draft or not. I usually will label my draft Word docs draft. Some might only add PDF to file when sent. Most auto-populate the method it sent based on the preferred method for that kind of document. For settlement demands, because it usually works faster to email and/or fax them then to mail them, my office has stopped mailing them for the most part. Our letters state sent via fax with the number and email with the email address. We use to have sent via US Mail when we did send. Now we would only do so if the defense was unresponsive and we needed to file a hearing. However, to answer your question, the way the court would know if you actually sent a letter is a proof of service. But not all documents will have one. WC demands usually do not. As for the document itself, they look the same before and after it is sent. So you would need to know how the firm's system works. Maybe they use the task system where it would show task of mailing complete. IDK, every firm is different. You would have to ask them. I hope this helps.

@nursenancy888

3 жыл бұрын

@@GonzalezLawEmpower hi and thank you for your response. We believe our attorney drafted and sent demand letters for 2.5 million less than what we asked and she agreed. We were bullied at mediation and our attorney refused to stop negotiations when we asked to stop and said we wanted to go to trial as scheduled for May 2020. We were told we would not win, utilizing several emotional manipulative tactics on us, we settled under duress for pennies. Our attorney failed to send our expert witness the medical record and CT scans he requested and failed to update him on substantial findings that would have increased the value of our case. Our attorney withheld information and failed to represent us during mediation. We asked for a copy of the demand letter after the mediation, we were sent a letter that she now claims was a draft and never sent for an incorrect amount. We have filed a grievance, she responded with a letter for the correct amount that also has "Sent Via Email" to the opposing counsel like the 3 other letters we did not consent to. We appealed with reasons and asked for a telephonic hearing which is pending. We have a Legal Malpractice case worth millions with evidence, however, no attorney wants to fight for truth, justice, and the American way. Yes, all Word documents, all indicate "Sent Via Email" to opposing counsel.

@GonzalezLawEmpower

3 жыл бұрын

@Nurse Nancy I'm am sorry your attorney was not forthright with you. This does not sound like a workers' compensation case however. In general, work comp cases have a lower value that personal injury case. If a workers dies due to their injury, the death benefit maximum is only $330K in benefits. The very large numbers very rare and usually only in very expensive care needs like for coma patients on feeding tube in skilled nursing facility etc. The process may be different for other types of law. As for the attorney, every attorney's style of communication is different. I usually do not volunteer what my demand is to my clients. The opening demand is not as valuable as where I think the case will end up settling at. I will share where I think it will settle and make sure they are agreeable to that amount then try to get them much more. If I tell them the demand, they usually latch onto that number (which I do not expect to get) and are disappointed if I get them a very good settlement but lower than my opening demand. However, if my clients request the demand amount, I will provide it after putting the number in context the best I can. Regarding the Word docs, the phrase "Sent Via Email" is most likely auto populated. I would not put much worth in that. A proof of service is much stronger but not usually used in Work Comp demands. I hope this helps, Naomi Gonzalez

Hi there I just signed papers for a compromise and release settlement for 300k. I choose to not have an attorney because my work is a family friends business. Now it will go to the judge to look it over. I have since went back to work full time but will need further treatment. Will this settlement affect any medicare or Social Security that I get when I retire and go on medicare and social security? Any information would be so helpful. Thank you!

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Ann, Assuming you are not on social security disability currently and are more than 30 months from being eligible for Medicare or social security, in general you should not have an issue with those benefits when you become eligible at 65. Good luck in the future, Naomi

@annmarie6570

2 жыл бұрын

@@GonzalezLawEmpower Thank you for responding!!!!

Thank you so much for taking the time to give us this valuable information!! Today was the day that the judge was going to call me so we can move forward with my worker’s compensation settlement ( it’s my second and last settlement, I reopened my case due ( MRI proof) to my arm worsening, I did all the therapy for three years now and I was diagnosed with 35 % disability on my right arm and 20% on my left with reports from the insurance doctor and mine) which was signed and approved by all parties. Two hours before the judges call my attorney called me to give me some info as to how long the call will last approximately etc and to make sure I answer the phone. Btw I’m not receiving any payments or anything like that. This is a settlement from a reopening my worker’s compensation case because my arms especially my right arm has worsen to the point that I need help washing my hair , cooking, doing work around the house especially when the pain is excruciating which is at least twice a week. There are MRI images etc. I waited for the call and instead of hearing from the judge, my attorney calls me telling me that the was a glitch in the insurance company, someone doesn’t want to move on with the settlement. How can that be done one hour before the judges appointment? When all the documents are signed and ready to close the case, get my settlement and move on.. So my attorney told me he would contact me in couple of days? And he is working on it.. I’m totally shuttered, I thought this nightmare is over . I’m so tired for going back and forth to the doctor for therapy , loosing time from my part time job, commuting expenses etc.. both doctors mine and the insurance company doctor wrote the percentage of disability and that therapy is over and won’t really help it came to an end. What will be the worse case scenario according to you expertise and experience, please 🙏🙏🙏

@GonzalezLawEmpower

Жыл бұрын

Vera, I am sorry that happened to you 😔. People can change their mind until the judge approves settlement. Naomi

@barblue3

Жыл бұрын

@@GonzalezLawEmpower Thank you so much Naomi. I need to ask you this..can the insurance deny payment all together after all the medical diagnostics, doctors reports, etc? And if yes what do I do next? Thank you so much for your time!

@GonzalezLawEmpower

Жыл бұрын

@@barblue3 either side can refuse to settle. If you can't settle, the only other ways to close the case are to go to trial or dismiss the case. Of course you probably don't want to dismiss, so trial it is. General info, not legal advice, not representing you. Best of luck! Naomi

Thanks for this information.I have question about my case.I am close to settlement.Workers comp accepted I am 52% permanent disabled.I am 65 years old now .incident happened 3and half years before.what amount I can ask.pls let me know.thanks

@GonzalezLawEmpower

Жыл бұрын

Thanks for the question, I'm sure you realize there is No way I can give you an accurate case valuation without all the info. Also i can't do case valuations for non- clients. BUT some general info. For a Stipulation with request for award settlement in California For a max earner for 52% = $83,302.50. If there are any credits or fees to be taken out, it will decrease. More info on how much mine video. Paid out biweekly until all paid out and you keep treating within work comp. For a compromise and Release, because of your age, you will unfortunately need an MSA - Medicare set aside evaluation performed to indicate your future medical needs. That future medical portion will eventually be put in a trust account to treat your injury and must be depleted before Medicare will cover those parts. Your settlement will roughly most likely end up the pd plus msa amounts. General info, not legal advice, not representing you. Best of luck! Naomi

Hi Thanks for video after getting compensation does it effect your social security disability payment can I keep my compensation money in my daughter or son account that my Medicaid does not stop or what’s the best idea please advice Thank You

@GonzalezLawEmpower

2 жыл бұрын

Thank you for the comment. Yes a settlement will effect your social security disability. Your attorney should include an addendum in your settlement docs to mitigate the effect. But it will only limit it not take it away. As for Medicaid. The only way I know of to get a large settlement and keep your mediCal is to do a special needs trust. If you want a referral to a special needs trust attorney, text special needs to 909-266-0003.

@abdulrahimabdulrahim4695

2 жыл бұрын

@@GonzalezLawEmpower Thank you

what if the insurance company offers a settlement amount before the final report from the QME has come out?

@GonzalezLawEmpower

2 жыл бұрын

Thank you for the comment Camellia, That definitely happens sometimes especially at a depo or before a QME. The only settlement option you have before a final report is a Compromise and Release (C&R). I touch a bit on pros and cons and valuation for early settlement in this video time stamp 2:50. kzread.info/dash/bejne/lKWo0cGQobmsmLQ.html I go over C&R at time stamp 3:13. kzread.info/dash/bejne/aH-fpc17gaivibg.html I hope this helps, Naomi

@oscarcuevas607

Жыл бұрын

Hello i have this question do pain management doctors give you the MMI report?

@Godisourfather92

Жыл бұрын

I got a question. Who will send out my settlement check ones judge has approved on my behalf? Is is the insurance that sends me the checks every two weeks or a different insurance? Thank you

In 2015, I was injured at work (at a grocery store) and found out that mt sciatic nerve was damaged. After seeing a doctor and making a note of everything that I had to do, I immediately consulted an attorney and tried to take steps toward resolving the medical/financial aspect of my injury. Initially, they(food company) wanted me to settle with a measly 2300 or something in the low 2000's. My attorney was really great, as she informed me that I shouldnt settle. It turns out that she was able to get 5 figures for me(10k -minus attorney fee) which was a great thing. Upon my consulting with her(and painful trips to doctors and attorney trips) she actually told me she could have gotten more money for me but Kansas law has some kind of cap on the amount of money you can receive :( She told me I could have gotten you 5X the amount but the Kansas law thing or something. Assuming I could have gotten 50K to 100K and also knowing my pain and suffering (to this day I still am suffering from my sciatic issues - I literately have to work part time because of it), I have a question about re-opening my case and to see if I can get the true value of what I have suffered for. Any help would be graciously welcomed. Can Any lawyers of attorneys help me?

@GonzalezLawEmpower

Жыл бұрын

That sounds horrible. Unfortunately, we only practice CA work comp. If it were CA, the limit to reopen your case is 5 years from date of injury. Not sure what it is in Kansas. I recommend you contact a Kansas lawyer. Sorry, Naomi Gonzalez

If u get a hearing, and the defense doesnt do anything then what?

What if I’m given a 10% impairment and I cannot return to my job . Am I entitled to more than just a settlement ?

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Camacho, For California, you may be entitled to a retraining voucher as well. Check out my video on eligibility kzread.info/dash/bejne/nW2cpthsmay5krg.html If you want your settlement options, look at this video kzread.info/dash/bejne/aH-fpc17gaivibg.html Take care, Naomi

is a mandatory settlement conference what happens when you file because the defense hasnt responded? & thank you for all these awesome videos. since ive been injured, they have helped me alot!!!!

@GonzalezLawEmpower

11 ай бұрын

Hi Andrew, Cute baby :-) If defense isn't responding to settlement demand and you are ready to go to trial, then you file an MSC. But if you just want a response and not ready for trial, i would normally file a status conference. General info, not legal advice, not representing you. Hope this helps, Naomi

@drewbeedoobeedoo4068

10 ай бұрын

@@GonzalezLawEmpower thank you and thank you. LOL.

Hi. My attorney requested $200k for a compromise and release settlement. After 2 months the defense offered $40k, we countered with $70k, but they only went up to $50k. My attorney said if we go to trial, we could lose and get less. What do you think?

@elbori4365

2 жыл бұрын

Advise, please?

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Jose, It is impossible to tell you an opinion based on settlement negotiation progress. However, I will give you some idea of perspective. $200k is a very large demand in work comp. Is that the number you requested your attorney demand or did your attorney value your case at that amount? If your case value is high regarding permanent disability, then the 50k probably only covers pd. Ie you gave little to no need for future medical. If your pd is lower then that 50k is mostly future medical like a surgery. Either way, if you go to trial, you will probably end up with less money even if you win because a compromise and release settles out both pd and future medical. But a trial will only give you pd. You keep future medical within work comp. For more on types of settlement and pros and cons see link below kzread.info/dash/bejne/aH-fpc17gaivibg.html Best of luck, Naomi

@elbori4365

2 жыл бұрын

My attorney requested $200k and ultimately said that my case was worth between $130-$170k. I was being paid$1,173 16 bi-weekly as ttd benefits, but then the defense attorney stated that there was an overpayment because I was only a temporary worker because I was working through a temp agency and only worked for 10 weeks before getting hurt. She stated that the judge could rule in favor of the defense attorney and that would hurt any future settlement offer. I feel like I was thrown under the bus. What's your opinion?

@bayrealist4176

Жыл бұрын

Hey El what was the injury? Did you get a rating? Just curious because I may be in same ballpark

Great Video if the attorney sent me the demand letter through email 📧 and the amount he told me he was going to demand had a blank space on the amount on the email 📧 is that Normal over the phone he told me the amount but the letter didn't have no amount?⁉️

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question JMP, It sounds like he just sent you a draft. Ask him for a copy of the one sent to the defense. - Naomi

@TEXMEXMUZIC

2 жыл бұрын

@@GonzalezLawEmpower ok Thank you very much for you time and information I'll ask him he told me that he sent the demand letter a month ago and the insurance company wants till March 2nd to revise the demand letter not sure if that's a good thing?

@GonzalezLawEmpower

2 жыл бұрын

@@TEXMEXMUZIC could be a good thing. Might be trying to get authority to offer a higher number.

@TEXMEXMUZIC

2 жыл бұрын

@@GonzalezLawEmpower Thank you for your help and response keep up the amazing work 👍 😀 👏 🙌 👌 😊

I have a question. My lower sent a settlement claim of 300k. I seen my surgeon and I got the approval of my surgery. How much would I be looking at money wise and how long. It's already been 3 weeks since the claim was sent.

@GonzalezLawEmpower

3 ай бұрын

If no reply, might be time for a hearing to get a response to your demand. But 300k is extremely high for most work comp claims, so it might be too high where they don't even bother with a counter. General info, not legal advice. Not representing you. Naomi

Hi Can you tell me if my medical is open and I want insurance to buy it will it effect my Medicare or any thing else Thank you

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Abdulrahim, Yes settling out your future medical via C&R can effect Medicare. You may need an MSA set aside depending on the amount.

@abdulrahimabdulrahim4695

2 жыл бұрын

Thank you

What do you do if the defense attorney keeps delaying the settlement for years like 15 year. What next step should my attorney do?

@GonzalezLawEmpower

Жыл бұрын

Bernice, Attorney will usually file an MSC to set it for trial. All discovery must be complete prior to doing so. General info, not legal advice, not representing you. Good luck, Naomi

Hi what if I was on emotional disturbance with depression and anxiety when I sign that agreement and the lawyers were kind of begging for me to sign that agreement would I be able to revoke the agreement if I'm not satisfied with the results,??

@GonzalezLawEmpower

Жыл бұрын

I'm sorry that happened to you Milagros, In general, it can be easier to rescind the C&R if it is within 30 days of the order approving. If it is longer, you can still try with a petition to reopen your case. You have to have good cause and supporting evidence either way. Not easy. General info, not legal advice, not representing you. Best of luck! Naomi

@milagroscastillo6054

Жыл бұрын

Thanks for the response God bless you 🙏☺️🙏☺️

Do you have to tell your lawyer first for a settlement demand or workers comp will reach out?

@GonzalezLawEmpower

Жыл бұрын

Brian, Either side can initiate settlement. Ie your attorney or the defense attorney can make the first move. Best of luck, Naomi

If I am doing a C&R with out an attorney and I haven’t reached MMI date because it was extend. But I decided to settle. How long does it normally take for a judge to sign once I’ve signed the paperwork for a C&R

@GonzalezLawEmpower

Ай бұрын

Normally about a week after filed but the judge may decide they want a hearing to speak to you since you are not represented. Then you would have to wait for that. General info, not legal advice. But representing you. Naomi

@Analysemarie

Ай бұрын

@@GonzalezLawEmpower ok great thank you so much!!!

How long do it take for the court to approve your settlement if both sides agreed on the amount.

@GonzalezLawEmpower

2 жыл бұрын

Odell thank you for the question, Once signed settlement documents are submitted to the court, the judge will usually approve in about a week or two. If it takes longer than that, you should file a hearing. Sometimes the court does not trigger a task for the judge and you have to manually bring it to their attention. It could also be sooner if the defense does a virtual "walk through" Take care, Naomi

@carmelitahinds2067

10 ай бұрын

I’m in the same boat here..if you don’t mind how long did they take to approve your settlement @Edwards2126

Hi is it normal for the check to sit in a lawyer account for 10 days before they write me a check

@GonzalezLawEmpower

2 жыл бұрын

Thank you Amg for your question. No. For CA work comp. The attorney never holds your money directly. You should receive your checks straight from the insurance company. - Naomi

@Godisourfather92

Жыл бұрын

@@GonzalezLawEmpowerbut does the same insurance that been sending me checks every two weeks send me my settlement check?

What if I am about to lose everything I worked so hard for because I'm only getting only 580 bi-weekly and they said they will be stopping it in 2 weeks?

@GonzalezLawEmpower

4 ай бұрын

Tamika, I'm sorry to hear that. 580 sounds like a PD advance. So you probably used up the PD portion of your settlement already. Your best bet might be to start working again or settle via Compromise and Release or apply for SSDI. Check with your attorney for what they think you should do if you have an attorney. General info, not legal advice, not representing you. Naomi

What if they send offer right away after they receive the qme report

@GonzalezLawEmpower

Жыл бұрын

That generally means they are not objecting to the report or that they want to try to settle before fighting the report. General info, not legal advice. Not representing you

Question why was i kept out of settlement demand ? Actualy before the case infront of.judge ? Lawyers both side meet infront of judge wirh out me

@GonzalezLawEmpower

3 жыл бұрын

Thank you for your question! I know the order of things and way it is done can be confusing. The settlement demand is the first step in settlement negotiations and usually happens before a hearing is even filed. Ideally, settlement negotiations will take place and you can settle without a hearing being called. However, demands or offers can sometimes occur at a deposition or hearing as well. In California, workers' compensation hearings take place between judge and lawyers usually with the lawyer representing the injured worker. Unless representing himself, an injured worker does not speak with the judge unless he is testifying at trial. When in person, the injured worker usually sits in the waiting room and his attorney will go back and forth from talking with him to going to the courtroom and speaking with the judge. At present, the hearings are via telephone. Now the attorney will usually ask you be available via phone in case he needs to speak with you. But you would not usually have need to call in as well.

@marcusrobinson9291

2 жыл бұрын

What are you trying to say? You have used too much mispronounciation and too many misspelled words 😵😲

@GonzalezLawEmpower

2 жыл бұрын

@@marcusrobinson9291 Thank you Marcus for the comment. I think I made out his question well enough to answer it as he never asked a follow up question :-) - Naomi

@strong4865

2 жыл бұрын

@@GonzalezLawEmpower yes . You answered it well . The whole process is nerve wrecking and I suppose me not being in there did not matter . lawyers were kind and professional . Thank you

@GonzalezLawEmpower

2 жыл бұрын

@@strong4865 It's just the way the system works. The other day one of my clients called into the hearing by accident and the judge asked them to hang up and wait for their attorney to call them. - Naomi

My lawyer got an offer from the insurance company, how long would it take for the papers to get to my lawyer for me to sign and what happens after?

@GonzalezLawEmpower

4 ай бұрын

Brian, You usually have to agree to the settlement before they send the settlement docs. After everyone signs, the docs get filled and a judge approves them. General info, not legal advice, not representing you. Naomi

@brianbui2460

4 ай бұрын

@@GonzalezLawEmpower yes the lawyer called me last week and i agreed to the settlement offer, what usually happens next and how long before i get my check btw. I’m in California

Since I already signed a contract with a lawyer can I still switch lawyers?

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Gin, Yes, you are able to dismiss your attorney at any time. If you find another attorney to take your case, you can substitute attorneys. It gets harder to find an attorney willing to take your case the older the case is and the more time you have been with the other attorney. Here is more info How to fire your attorney kzread.info/dash/bejne/f3em2rqgpaTAnNo.html Let us know if you want a consult. Take care, Naomi

Is my case affected if I had a car accident after the file date ? My lawyer says to really bad and I should probably just take whatever they offer me but I don’t think that’s a good route

@GonzalezLawEmpower

Ай бұрын

Subsequent injuries will come into pay regarding apportionment. The doctor will decide how much of your injury is from your work and how much is from the car accident. General info, not legal advice, not repres3nting you Naomi

@Cheesydude12

Ай бұрын

@@GonzalezLawEmpower any way you can give me a second opinion in my overall case ? I think my current lawyer missing some points key points in my case to get the best overall outcome.

Does the insurance company wait right before the hearing date to settle sometimes?

@GonzalezLawEmpower

10 ай бұрын

Yes sometimes or at the hearing

@antoniogiannini9049

10 ай бұрын

@@GonzalezLawEmpower thank you

What happens when you’ve received your settlement money can I reopen the case again

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Camila, The answer depends on the type of settlement you choose. If you settle via C&R, your case is closed by the time you get your check. No reopening. If you settle via Stipulation with request for award, you can petition the court to reopen your case cour a new and further injury within 5 years of your date of injury if your injuries have worsened. Take care, Naomi

GREAT VIDEO..but do not trust the PQME...ALOT OF PQME ARE COMPLYING WITH REGULATION 41

Is it true adjusters are completely corrupt

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question Erik, No, I would not call adjusters corrupt. Perhaps I would think so if their job was to take care of your best interest. But they are not on your side and are not suppose to be on your side. Their job is to pay out as little as possible minimizing the insurance company's liability. So when they make things difficult by not automatically authorizing everything you want, they are doing their job. That is not corrupt. Some adjusters are a bit overzealous, which is a problem for the injured workers for sure. Sometimes, you have to push back some. That is why many people choose to use an attorney whose job it is to look out for their best interests and force the adjuster to stop dragging their feet on things. They can even file hearings if the adjuster fails to do their duty. Hope this helps, Naomi

I signed my c & r in march and defense still hasn't E file

@GonzalezLawEmpower

Ай бұрын

That sucks! Sounds like it's time for a hearing. General info, not legal advice. Not representing you Naomi

@Noemi_esquivez

Ай бұрын

@@GonzalezLawEmpower I have one in a month or so. Do hearing get the c & r filed

Does pd stop when settlement demand letter go out

@GonzalezLawEmpower

2 ай бұрын

Not usually. It doesn't stop until settlement docs are signed unless the defense asks if we want them to stop and we say yes. General info, not legal advice, not representing you

U know any attorney for slip n fall.

@GonzalezLawEmpower

2 жыл бұрын

Absolutely Bea, Please text "Bea referral" to 909-266-0003 and we will call you tomorrow. Thank you, Naomi

@beaxiong5260

2 жыл бұрын

@@GonzalezLawEmpower I did text as u say but no respond. I wonder how long? Thnks

@GonzalezLawEmpower

2 жыл бұрын

@@beaxiong5260 Hi Bea, I did see your Text Message when you sent it today. I have been in some meetings and have not had a chance to task the call..You will receive a call from my office shortly. Thank you, Naomi

@beaxiong5260

2 жыл бұрын

@@GonzalezLawEmpower ok sorry ....I just want to make sure I reach the right number. Again, thank u very much for your responding.

I got my fce now what happens

@GonzalezLawEmpower

2 жыл бұрын

Thank you for the question Anthony :-) The function capacity test is more to do with your restrictions than settlement. But it does usually happen around the same time as settlement. These videos may be helpful. Life after your injury kzread.info/dash/bejne/oK6p2NmmYbuaqs4.html Eligibility for SJDB voucher kzread.info/dash/bejne/nW2cpthsmay5krg.html Hope this helps, Naomi

@anthonywylie5771

2 жыл бұрын

@@GonzalezLawEmpower thank you from alb ,nm

@anthonywylie5771

2 жыл бұрын

@@GonzalezLawEmpower love your channel

@GonzalezLawEmpower

2 жыл бұрын

@@anthonywylie5771 Thank you :-)

I want you guys to help me

@GonzalezLawEmpower

Жыл бұрын

Happy to talk to you Tony. Just text "Tony Consult" to 909-266-0003. - Naomi

What I'd you have no attorney and you're on yr # 3

@GonzalezLawEmpower

4 ай бұрын

You can make a demand without an attorney. The problem is you may not have an idea of what is reasonable. If you never had an attorney, you may be able to hire one at this point. They will try to negotiate settlement for you. General info, not legal advice. Not representing you. Hope this helps, Naomi

U were born to be attorney

@GonzalezLawEmpower

Жыл бұрын

Thank you ? 😀 Not sure if complement or insult 😉 - Naomi

@sutkos3288

Жыл бұрын

@@GonzalezLawEmpower hahah its good thing i watched all your videos and thank you so much for all your information providing to us keep up the great work :)

@GonzalezLawEmpower

Жыл бұрын

@@sutkos3288 Thank you 😊

So, here’s my question: I work in law enforcement for 23yrs & I’m 45yrs old. Last year april 20th I was sucker-punched by an arrestee I was fingerprinting. This sucker-punch broke my upper jaw, knocked out my front tooth, knocked the teeth next to my front out of Alignment, split my upper lip in half to the point where I had to get over 20 stitches in my upper lip. My jaw was also broken. After I was hit my body went in to shock instantly. My front tooth fell in to my Covid mask & then I put it in to the garbage can. I then went after the offender & judo tossed him across the floor. I held him down while my partner called for help. I broke my the “radial head” of my elbow as I was fighting him. The offender was able to get to his feet & he still attacked me even though he was covered in my blood. My partner watched me fight this guy for about 1min & 30 seconds after I was hit. My partner is a coward. He stood by & held a roll of toilet tissue as this guy tried to kill me. I have the video of the incident & my extremely graphic injuries. I’ve been diagnosed with ptsd & I just found out I need surgery on my back. I need anterior C3-4 cervical discectomy & fusion for the front of my neck & posterior cervical C3-7 back of the neck laminectomy & fusion surgery. I’ve been doing physical therapy for almost a year & nothing has help me. I just got the diagnosis on my back about 3days ago. I’m looking to have surgery in about a month in a half. What do you think my case is worth? I’m in chicago. My doctor told me I have over 300pgs of documented injuries. Thanks in advance. Also, I’m on Workmancomp & now I’m trying to get disability from the city. I’m currently dealing with Gallagher Bassett. My lawyer has given me no idea on the type of settlement I may receive. I’m also a detention aide & I work in the lockup of the 018th district. I was also diagnosed with a concussion. I’m looking for them to settle this week. The IME spine specialist said I should’ve got surgery last year & that he couldn’t believe the first doctor let me walk out his office. What do you think my case is worth? My attorney hasn’t told me anything yet. I’m guessing they are discussing it with Gallagher Bassett: Thanks In advance

@GonzalezLawEmpower

2 жыл бұрын

Thank you for your question, This is terrible! We have several cases with Gallagher Bassett but in California. They have to follow the rules for each state. I would imagine that Illinois has something similar to CA as to the decision period whether the insurance company will accept or deny your case. When was your Date of Injury? I can't tell you how to value a case in Illinois, but your attorney should be able to explain it to you. Request a settlement meeting with your handling attorney and ask him for the break down of your case valuation by body part. They should be able to value each part then combine together for the total case valuation. Then they will tell you the strength of your negotiation had and you can know how much of that case valuation amount you might be able to get in your settlement. But like I said, I am only speculating on Illinois. I practice work comp in CA. Good luck with your case! Naomi

Hey

@GonzalezLawEmpower

Жыл бұрын

You're funny Child of God, That would make life easier if it worked that way, dollar per injury 😀 It has a lot to do with the individual physical recovery more than the underlying condition. Someone with a fracture could recover completely and have zero PD or case value. Same injury could cause a limb to be amputated in a diabetic with full amputation PD. Cases are valued when you've recovered the most. You'll know then by the final doctor report what your PD is. Until then no one knows how much you will recover. General info, not legal advice. Not representing you. Happy New Year, Naomi

Great content. Maybe you can deliver the information a little slower.

@GonzalezLawEmpower

2 жыл бұрын

Thank you for the input Sa-NAH B :-) This was one of my earlier videos. Unfortunately, the speed and pace goes up from here on various videos. I am constantly experimenting with pace and talk speed. So thank you for the feedback. Take care, Naomi

Talking with very Poor pace and shot breathing articulation . Miss, why you are rushing out? It's just unbearable to hear that. I have heard many of w/c case manager attorneies, yet non of them rushing out like you. So, You need speech designer, Miss. Sorry

@GonzalezLawEmpower

Жыл бұрын

Thanks for the input Nazar :-)

It's been more than 2 yrs and 7 months in my case. and there's no mma yet with my Dr.. Why it's take so long to settle my case

@GonzalezLawEmpower

3 ай бұрын

I'm sorry your doctor won't release you. That is one of the time suckers i talk about in the how long video. You could try going to a QME if you haven't already. Or consider early settlement. Here is part A of that video. Early Resolution / Settlement (Part A) kzread.info/dash/bejne/Y3ysk6mllcKvZaw.html General info, not legal advice. Not representing you. Naomi