In a Defense Base Act claim, the injured employee will receive indemnity and medical benefits. Indemnity benefits are paid bimonthly and are continuing based on disability. Medical benefits will cover necessary treatment along the way. This is the ideal description of a Defense Base Act claim, however. And even in ideal conditions, a claimant should not be alone when the issue of settlement arises. If a claimant and adjuster discuss settlement, even in hypothetical terms, the insurance carrier can use common tactics to “lockdown” negotiations and subtly wither down a claimant’s resolve. Experienced counsel by one’s side is invaluable when navigating the negotiation and settlement process.
Factors such as damages and loss of wage earning capacity play a large role in the settlement value of a claim. While an unrepresented claimant is free to contact the insurance carrier regarding settlement and enter into an agreement, properly calculating these factors for settlement discussions beforehand is important – all factors should be fully accounted for and based on current statistics. Contact Thomas Barnes at Barnes Law Firm for a confidential consultation of your claim.