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Habbas filed suit against both the driver and the plaintiff’s employer. The vast majority of the client’s medical bills were paid for worker’s compensation coverage. As a result of an aggressive representation, we were able to resolve this matter for $450,000. The amount of the settlement was for pain and suffering only, as the worker’s compensation carrier settled its reimbursement of medical expenses paid out separately.
It is important to understand the interaction of the worker’s compensation and third party personal injury matters. Many people fail to file a third party case against the negligent party when they are injured while on the job. This may cost a person a significant amount of recovery. For example, if a person is operating his/her vehicle while doing something for their employer and gets rear ended, that person is entitled to two actions. The first one would be a worker’s compensation matter through the employer. The second one would be to hold the person that drove carelessly responsible for any unpaid medical bills, future medical expenses, and past, present and future pain and suffering.
This case was challenging in the sense that neither vehicle involved had significant visible damage. The insurance company initially did not want to settle due to the nature of damages to each vehicle. Habbas remained aggressive and adamant that a just settlement is made with the client or we will go to trial. Eventually, defense agreed to settle.