i got a mediation/pretrial at workers comp court in louisiana and was wondering if the are gonna make any offers at this mediation?
Total Comments: 4
Posted: Thu Sep 16, 2010 07:11 am Post Subject:
You have to show us through some more information. Otherwise I'll say it doesn't happen that way all the time.
Posted: Thu Sep 16, 2010 07:24 am Post Subject:
A pretrial conference is for the purpose of avoiding the expense of a trial. If the parties can come to some agreement at that time, the action may be dismissed. A settlement offer is very likely going to be proposed at that conference. It is your choice to accept or not.
Posted: Thu Sep 16, 2010 10:18 am Post Subject:
Yes, it's something that can be beneficial for both the parties. If the offer is acceptable you may consider it. It's gonna save you all those legal expenses. Even if you win a settlement to your choice, you'll probably need to pay the attorney fees worth 33% of the outcome. The experts here would be able to throw some more light into it!
Posted: Thu Sep 16, 2010 12:04 pm Post Subject:
if you win a settlement to your choice, you'll probably need to pay the attorney fees worth 33% of the outcome
In private civil actions this is true. In Workers' Compensation cases, it is less, and generally established by statute. Attorneys fees in most adversarial WC cases are paid outside the award to the employee. And they affect the cost of WC insurance for employers.
Posted: Thu Sep 16, 2010 07:11 am Post Subject:
You have to show us through some more information. Otherwise I'll say it doesn't happen that way all the time.
Posted: Thu Sep 16, 2010 07:24 am Post Subject:
A pretrial conference is for the purpose of avoiding the expense of a trial. If the parties can come to some agreement at that time, the action may be dismissed. A settlement offer is very likely going to be proposed at that conference. It is your choice to accept or not.
Posted: Thu Sep 16, 2010 10:18 am Post Subject:
Yes, it's something that can be beneficial for both the parties. If the offer is acceptable you may consider it. It's gonna save you all those legal expenses. Even if you win a settlement to your choice, you'll probably need to pay the attorney fees worth 33% of the outcome. The experts here would be able to throw some more light into it!
Posted: Thu Sep 16, 2010 12:04 pm Post Subject:
if you win a settlement to your choice, you'll probably need to pay the attorney fees worth 33% of the outcome
In private civil actions this is true. In Workers' Compensation cases, it is less, and generally established by statute. Attorneys fees in most adversarial WC cases are paid outside the award to the employee. And they affect the cost of WC insurance for employers.
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