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Personal Injury Litigation

What About Workers' Compensation Once My Case is Done?

If I am paid in the personal injury case, what happens to my Workers’ Compensation benefits?

You may have to pay back to the Workers’ Compensation [“WC”] insurance carrier a portion of the lost income and medical benefits that it paid to you IF you recover enough money in your personal injury case. This is commonly known as the WC lien.

Moreover, the WC insurance carrier may not have to pay lost income and medical benefits to you for some future period. This is commonly known as the WC holiday.

Our Relationship-Some Important Issues

What services have you agreed to provide?

You have hired us to bring a lawsuit against those who we believe have legal responsibility for your accident. Bringing a lawsuit can involve many services over a lengthy period of time, including conducting a trial.

Right now, we have not agreed to prosecute or defend any appeal that may arise in your case. If you want to prosecute an appeal, or want us to defend an appeal filed by the defense, and if we are willing to do so, we will enter into a new fee agreement.

Should I Borrow Money From a Litigation Loan Company?

You have asked whether it makes sense for you to borrow money from a willing lender based on the anticipated recovery from your personal injury lawsuit.

I am NOT able to represent you on the issue of whether borrowing the money is appropriate. Moreover, and because any loan from a willing lender will impose some obligations on me, I recommend that you get separate and independent legal advice on whether you should sign the documents that the lender will present to you. It is critically important that you understand the terms and conditions of the loan.

Preparing for your Deposition

As a party in a civil lawsuit, you will be required to give sworn testimony before a court reporter. This is called a deposition.

Depositions are NOT supervised by a Judge. The only participants are the parties, their lawyers and the court reporter. When it is your turn to be questioned, the opposing lawyers will ask you a series of questions. YOU SHOULD ANSWER THESE QUESTIONS TRUTHFULLY. The following additional instructions will help you feel more comfortable and better prepared.