Greetings, I’ve had a few questions recently regarding whether a claimant needs to be at maximum medical improvement to settle their claim in Florida.
(Be sure to join us on Thursday (tomorrow) for our 30 min Tips of the Month webinar, you can register at eg@eraclides.com )
Only an unrepresented/pro se claimant needs to be at MMI for a judge to approve the settlement. On these claims, the judge will review the amount of the settlement to make sure it’s in the claimant’s best interest, which includes ensuring impairment benefits have been paid and that the doctor has signed off on a letter stating that the amount of the settlement is sufficient to cover future medical costs.
On a represented claimant, the judge does not technically approve the settlement amount, only the amount of the claimant’s attorneys fees, and that child support is adequately taken care of if there is an outstanding balance. Up to half of the claimant’s net settlement can go to child support if there is an arrearage. The claimant does not have to be at MMI if they have an attorney to settle their case in Florida.
Our Tips of the Month webinar is tomorrow and our Orlando office afterhours CEU on 2/26.
Check our website for upcoming FL, GA and TN events and webinars. https://eraclides.com/events/
If you will; be attending the WCCP Board Cert Forum in Orlando in April, let me know so I can share our events and speakers.
Sincerely,
Morgan Indek | Managing Partner