Written by: Patrick A. Johnson
Leverage the holidays to get more settlements across the finish line
Although most attorneys/claimants are always in the mood to settle, there is something about the last two months of the year that sees a greater number of claims settle and often at a discount. Both the claimant and their attorneys want to settle in anticipation of a very, Merry Christmas, or the attorneys may likewise push settlement for end of the year bonuses, end of the year salary computation, or their own version of a merry Christmas. This tool is especially effective when dealing with claimants who are not represented.
Always remember, that if you are seeking to take advantage of the holiday season to settle the claim, the availability of mediators becomes scarcer as we approach the end of the year, and the courts may not be able to immediately turn around settlement documents. Starting around December 15 of each year, there is no guarantee that the court will get to your settlement documents in time for the start of the Christmas holidays. Bear this in mind when you start focusing on what claims you may want to settle, and you can use this as a way to encourage your employee/opposing counsel to negotiate quickly. If you know that your file may need a Medicare Set-Aside, it may be too late if you require CMS approval. But as a general rule, you may want to focus on the low-hanging fruit settlements this time of year. If you are new to Louisiana, or are just breaking in, you can settle a workers’ compensation claim at any time. So there is no need to wait for an MMI determination, and you can settle even if the claimant has not been returned to work.
If you wish to try to negotiate your own settlement, feel free to check out our settlement guide on our firm’s Resources page on our website or watch our settlement training video on our YouTube channel. And if you need a little extra help, or just some advice on valuing your claim(s), feel free to reach out to one of our attorneys.