To Settle or To Not Settle
One of the common questions I hear a lot is: "Should I litigate or settle my Defense Base Act claim?"
I like to answer this question with this question: Does your DBA claim have the strength, the integrity and the evidence to back it up and win in court?
Here's why you need to ask yourself the above question if you are wondering whether or not to settle or litigate your DBA claim:
It's All About Strength
Another of my mantras is about how much better it is to settle your case from a position of strength - not weakness. You always need to get your case as strong as possible. Being ready and able to win is what gets you a good settlement. Getting ready for trial and being willing to take your case to trial will get you the best settlement.
Developing The Evidence
This is what most lawyers just don’t get. At least it seems that way when folks realize they have hired the wrong lawyer and call our office. This is based on what I see everyday.
Stuff doesn’t always happen by itself. "God helps those than help themselves." I grew up with that. It was true then and it is still true.
It means that sometime you have to get off your rear-end and do something. That usually means that if you don’t have evidence or the right evidence that you go out and get it. Or you make it.
Those of you that know me, know I am all about telling the truth. Always. So I am not talking about anything sinister here. I am talking about going out and getting truthful evidence that is going to help win your case.
Whatever gaps you have in your case - you need evidence in help fill in the gaps. Whether that is in-country medical reports, witness statements, wage records, medical evidence, whatever. Just do it.
The next most important factor is whether you have good medical evidence. You need medical evidence that explains why your disability and medical condition was caused by, aggravated and/or accelerated due to your being overseas. It doesn’t have to work related - but it has to be overseas related.
Too often medical evidence is stated in conclusions. You need well explained analysis. There is a big difference.
The next thing I always want to see is the defense medical reports. What do the reports say?
Its Mostly About You
Of course, every situation and/or case is different. None are exactly alike. This is because litigation is a really personal thing. So much of the outcome of the case depends on whether the Judge believes you, understands you and ultimately likes you. Your credibility is so important, here. I can't emphasixe it enough. It is the reason that I am constatly telling my clients to be completely honest about anything and everything related to the Defense Base Act case. Being honest can only help your case, it helps people like you and want to help you. The judge is no exception to this rule.
I go into this in even more detail in my book - Win Your Defense Base Act Case. You can get your FREE copy today by clicking on the link.
Be sure to claim your free copy of the 5 Star Book - Win Your Defense Base Act Case
This is an eye-opening book that gives you an insider's view of the Defense Base Act and how to beat the DBA insurance company. This book will take you step by step on how to avoid the DBA insurance company tricks and traps that are designed to destroy your DBA claim.
If you do one thing - you owe it to yourself to read the 5 Star reviews of the book on amazon.com!!
Check out these 5 Star reviews from Amazon.com
5.0 out of 5 stars
The book goes into great detail about the tactics used by insurance companies to ...
December 1, 2016
After getting hurt w hile working overseas the company I worked for denied I was injured. I purchased the book written by Mr. Turley and read it all in one night. I followed the steps he outlines in the book, then hired the Turley Law firm. The book goes into great detail about the tactics used by insurance companies to deny your claim. I recommend this book to anyone working overseas. Read it BEFORE you get hurt.
5.0 out of 5 stars
You want to win?
May 23, 2018
Very informative and lets you know exactly what to expect in a DBA case. It let me know my rights as a Defense Contractor. If you feel u may have a claim or unsure about your rights this is the book.
5.0 out of 5 stars
Turley did a great job,
April 2, 2016
This book is a must read for anyone who has been injured while working overseas. Actually I wish that I would have known about it before I got hurt so I would have at least had a heads up on how things would likely go down if the unthinkable ever did happen. It is chock full of valuable information you can't find anywhere else and it is straight up honest advice. It really helps to know what you should look out for from your companies insurance carrier so you will be prepared in advance and don't wind up working against yourself. It also covers the things you shouldn't ever do if certain situations arise that will likely wind up costing you a lot of money in the end. It actually takes you through a step by step easy to understand journey on what you should realistically expect to happen if you ever do get injured.
The Bottom Line
Here is the deal. You have to be willing to wait the long haul if you're going to be taking your claim to the courts. These cases can take a long time to develop and it can be a while before you actually get any of the benefits you were promised by the DBA. With this in mind, waiting for those benefits won by your lawyer and yourself will be worth it. You will end up with the full financial and medical compensation that your deserve.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation.