If you have a defense base act, then you need to check if you are going to trial or are willing to settle with the defendant. While the lump sum offer may seem attractive, you need to protect yourself from getting low-balled on the defense base act settlements. In order to go for a trial, you need to check if the case has sufficient merits to hold up in the court. The judge uses a number of factors to tell if the defense base act settlement is reasonable.
Independent medical examination
Medical Records
Issues with wage earning ability
The IME appointed by the insurance company is going to obviously work in the insurance company’s favor. So, you need to ensure that your doctor’s medical opinions corroborates with the IME’s opinions. The judge is sure to match both the opinions and weigh on the judgment based on this comparison.
Maintain detailed and welldocumented medical records to stand a chance of winning a good amount of compensation from the insurance companies. These records are the vital evidence that support the merits of your DBA case. You need to start treatment for the injury as soon as possible after the mishap and would be receiving the treatment on an on-going basis.
Your capacity to earn wags and the subsequent loss due to the injury will be a core component for the judge to fix a compensation amount. Your working schedule (whether full time or part time) will come into the picture. Also, the judge will seek to check if your injury will allow you to carry out some other work/tasks make sure to present your case well on this point to get the value of permanent disability claim bumped up.
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