Lawsuit

[trudi29]

What is the name of your state? NE

I was injured on the job 2 years ago. My injury has required 2 surgeries and will require at least one more. I received a partial settlement from workers comp but did not close my file. The company that I worked for went bankrupt.I have since been denied employment due to my injury and had to take a very low paying job (about half of what I was making). I have since filed a lawsuit but my attorney would like me to close my file. I have this feeling he is interested in his best interest and not mine. I do not want to close my file due to more surgeries may be required. Should I drop my lawsuit before it goes further and wait or continue with the lawsuit, also, should I close my file or will this hurt me in the long run?

 

[Beth3]

Exactly what kind of "lawsuit" have you filed? And against who? In WC situations, you normally cannot file a civil suit. Your sole remedy are the provisions outlined in your State's WC reg's. You can file for a hearing with the State if you disagree with the way your employer or their insurance carrier has handled your claim.

In any event, I can't imagine that anybody here can advise you how to proceed. We don't know anything about your situation. Your best option would be to consult with another attorney to get a second opinion if you don't feel you're getting adequate representation.

 

[trudi29]

It is against my former employer and the insurance carrier. I have received a "Request for Production and Interrogatories" from their attorney and the paperwork states that this is "Before the Iowa Division of Workers' Compensation" pursuant to Rule 1.512 of the Rules of Civil Procedure of the State of Iowa. I live in NE but worked in Iowa. I took an initial settlement of around $26,000 over an 18 month period after the accident with the agreement that my file would not be closed due to future surgeries.
The main question that I have is "Am I better off closing out my file permanently or leaving it open for my future surgeries and medical problems?"

 

[Beth3]

"The main question that I have is "Am I better off closing out my file permanently or leaving it open for my future surgeries and medical problems?"

As I've explained, nobody here can answer that question for you. Nobody here remotely knows enough about your particular situation and the relevant legal issues.

If you don't like the advice your attorney is giving you, then consult with another attorney.