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Phone: 619-234-2833
The Turley & Mara Law Firm, APLC

I was offered a settlement in my Defense Base Act case, but it seems low. Should I take it?

It Depends

In a Defense Base Act (DBA) case, the amount you receive for an injury will be paid by your employer’s insurance carrier, not your employer or company. Although the insurance provider may have millions of dollars at its disposal, its employees are hired to save the company as much money as possible by offering low settlements to injured workers. If your case is worth $300,000, but you settle for $75,000, they have effectively saved the company $225,000.

Before you accept a low settlement in your DBA case, consider the following:

  • Settlements are voluntary. Many injured workers have been bullied or pressured into taking a settlement offered by an insurance company. Although the insurance company may set a time limit for you to accept or refuse the settlement, you cannot be forced to settle your case.
  • Settlements cover financial losses only. If you are hesitating on an offer because you believe you are owed more for pain and suffering, you should understand that DBA settlements only cover financial losses. They are similar to workers’ compensation systems, in that they are meant to cover the loss of income and medical bills only.
  • Settlements should be similar to what the employer would pay in court. An insurer may make a settlement offer sound more appealing by noting that the case will not have to go to court. While a settlement may mean that you will receive compensation faster, the insurer may be offering speed over fair pay. For example, if you are offered $50,000 for a back injury that requires surgery, the amount may cover your current medical bills, but does not compensate you for your future inability to earn a living.
  • Settlements are final. After you accept a settlement, your case is considered closed and you will not be able to recover any amount for your future medical treatment. For this reason, it is vital to speak with an experienced DBA attorney before accepting a settlement.

 

 

“I'll tell you what the public likes more than anything. It’s the rarest commodity in the world honesty”- Merle Haggard

My Best Advice

Nothing is more important when handling your Defense Base Act case, then speaking the truth. People who believe if they sugar coat their case, it will help them win their case. Wrong.

You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects your not telling the truth, you can say goodbye to your case. Count on it. I have seen it time and time again.

My Second Best Advice

Take the time to research your case. The more homework you do, the better your case. Order my Free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. It is full of useful information when it comes to your injury and the Defense Base Act System.

And before you do, check out the Amazon Reviews. It will be the best thing for helping you take the necessary steps to win your Defense Base Act Case. 

Check out my podcast at DBAradio.com where I cover important DBA issues.

Need help right now?

You can call us at 619-234-2833 or you can fill out the contact form on this web page.

Which Attorney Can Help Me, and How Much Will it Cost?

It will cost you nothing to talk to a DBA attorney about your claim. Under the Defense Base Act, attorney fees are paid by the insurance company after your case is settled. As to which attorney will be most beneficial, you should find a lawyer with trial experience, rather than a lawyer who typically settles DBA cases. Attorneys who prepare for trial know how to get a good settlement.

Don't settle for anything less than what you deserve! Order our free guide, Win Your Defense Base Act Case,The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve to learn how to proceed with your claim.

 

 

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