Full question:
In the process of settleing a workmans comp case. Doctor said would probably have to have a hip replacement within 2 years. If the workmans comp insurance wants to add a clincher should or will my lawyer get 33 percent of that?
- Category: Courts
- Subcategory: Settlements
- Date:
- State: South Carolina
Answer:
A clincher agreement refers to a settlement in a workers’ compensation case. A clincher agreement requires the worker to give up all rights to future workers' compensation benefits in exchange for a sum of money.
A clincher agreement usually takes into account the cost of any future medical treatment, the worker's rating, and a time period for the worker to find a job within his/her restrictions. By signing a clincher, the worker is responsible for his/her own medical treatment and, in most cases, for finding a new job. The insurance company is usually only willing to settle a claim this way if there is no longer any work available for the worker at the old job, or if the worker is willing to resign from the old job.
The answer will depend on the terms of the contract with the attorney. Typically, attorney fees will be owed for amounts received in a settlement agreement. In some cases, the percentage owed to the attorney for settling a case is different from the percentage owed after a trial wins a judgment. We suggest you read the terms of the contract carefully regarding fees in case of a settlement agreement, or ask the attorney to explain the fees owed in case of a clincher agreement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
