Visitor Question

Settlement for traumatic brain injury with facial scarring?

Submitted By: Curious (Orange Co, California)

I fell down the company’s parking lot stairs and had a traumatic head injury with an injury to my face.

The company immediately started a workers comp claim and all medical bills were paid. I also received wages and monies for expenses (gas, etc.).

Currently, 2 months later, I have a permanent scar above my eye and numbness on the left side of my face. The numbness is on the workers comp report.

The Doctor also advised me that the numbness of the left side of my face may or may not be permanent.

My question is, do I ask for a final settlement? How much should I ask for?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Curious,

If you have not retained an attorney to help with your case, do so immediately. You have suffered serious, permanent injuries. Only an experienced personal injury attorney will be able to get you the compensation you deserve.

In the State of California there are two categories of workers compensation settlements. The first is called a “Stipulated Finding and Award” and the second is called a “Compromise and Release.”

A Stipulated Finding and Award is meant to mimic the same settlement award which would normally be reached by a judge after a hearing. Entering into a stipulated finding and award agreement is a tool which saves time and effort which would normally be expended by both parties.

A Compromise and Release settlement agreement concludes negotiations between both parties, where the claim is closed and both parties agree to a final compromise.

Whether you seek a final stipulated finding and award or a compromise and release will entirely depend on the amount of money you are seeking. All claims are negotiable. For a more detailed guideline related to permanent scarring and other permanent disability go California’s workers comp website.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 17, 2014

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