Colorado schedule for partial disability of specific extremities?
I underwent three surgeries to repair ruptured tendons in both shoulders and both Achilles tendons after taking Levaquin. I was in MDL until last year, refused a ridiculous settlement offer of $500 from the defendant, and the case was remanded back to Colorado.
I'm currently pro se in settlement negotiations. I want to make a counteroffer as requested by the defense attorney, but need to access the Colorado "schedule" to ascertain the value of PPD for "specific extremities." Then I can calculate percentages and add to actual medical costs for three surgeries between March 2007 and January 2010.
- 65% PPD in left shoulder (will never regain 100%)
- 20% PPD in right shoulder (second surgery could possibly reduce % of PPD)
- 10% PPD in both Achilles tendons
My left shoulder will eventually require total replacement; right shoulder requires additional surgery as well, but could be arthroscopic. How or where can I locate the "schedule" for permanent partial disability (PPD) or impairment to establish settlement values for specific extremities? Any other perspective you can give would be appreciated.
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ANSWER for "Colorado schedule for partial disability of specific extremities?":
Christine (Denver, CO):
To review the parameters of the disabilities and impairment schedules go to the Colorado Department of Labor and Employment website. Or you can call them at 303-318-8700. You can also learn how to calculate a lump sum payment here.
From the facts you present, you never should have been representing yourself. Your injuries are quite serious, and as a non-attorney you have no leverage. If the defense attorney says "$500.00" you can be sure he or she isn’t going to offer a whole lot more.
When that happens, what will you do? You can complain all you wish, and can continue to call the offer "ridiculous," but that won’t get you very far. All the defense attorney has to do is say "NO" to your counter offer. Once he or she does, you will be in a precarious position.
You certainly can file a lawsuit on your own, but then how will you prepare for trial and take advantage of pretrial discovery? How will you take the depositions required in a trial? How will you prepare Requests for Production, Interrogatories, and other discovery demands? The reality is, you can’t.
Your best bet is to contact a personal injury attorney. There's too much at stake in a case as serious as yours. Most attorneys won't charge for an initial office consultation. Bring copies of all your records. You will be then able to learn whether or not your case is viable, and if so, how much you can expect to settle the case for.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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