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Practice Pointer: Withdrawing Settlement Offers in a Workers’ Compensation case involving Walmart

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death

Blog Category:
4/8/2013
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Workers' Compensation Practice: Withdraw all Settlements with Walmart before Hearing

Here is an idea you should consider. Before proceeding to hearing you should formally [in writing] withdraw all settlement offers previously made.  This comes about as a result of an offer to settle being made prior to the hearing and what happened following the hearing. Prior to hearing an offer was made and that offer was not rejected or accepted by Walmart. Defense counsel simply said we’ll get back to you. The hearing took place, it didn’t go well for Walmart, then right after the hearing a letter arrived in the mailbox of the claimant’s attorney saying, thanks, we’ll accept your offer. At that point the attorney didn’t want to settle, but the client did so it worked out. But in some cases it may not be a favorable resolution to the case and can cause the attorney one big headache, not to mention a professional malpractice claim.

So before the hearing consider withdrawing the offer to settle.



Category: Workers' Compensation & Employee Rights


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