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Helpful Information

Chhabra & Gibbs, P.A. > Blog Posts  > Helpful Information (Page 6)

Should I Just Settle With The Adjuster In My Workers Comp Case?

Adjuster

Many times, people come to us after having already completed treatment and therefore are at the final stages of their claim.  In some instances, the adjuster has already offered them a settlement, and they want to know whether their case is actually worth more money if they get an attorney involved.  While every case is different, there are a few things that we look for as attorneys that can potentially increase the value of a claim.   Impairment ratings can give a general idea of value of a claim, but in many situations these ratings can be increased where the injured worker is...

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Does my insurance company have a right to make me see their doctor?

Doctor

One question I get asked from clients is "Does my insurance company have a right to make me see their doctor?" Yes, but only once for a one time evaluation.  You have a right to treat with any doctor you chose as long as you exercise it before you have surgery and within 6 months of your injury.  It is critical to get an attorney early in a case to help navigate through the medical treatment process before it is too late and you get stuck with a doctor who favors employers and insurance companies. An Employer Medical Evaluation ( EME) is...

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How much is my workers compensation case worth?

Worth

This is one of the top questions we are asked every day.  There is no easy answer, because each case is different, and there are lots of different factors that play into the way the attorney values the case. The first thing that affects how much your case is worth is what body part you have injured.  Scheduled member cases such as arms, legs, fingers, toes, etc. are evaluated with a mathematical formula that factors in the amount of weeks assigned to each body part under Mississippi law, the person’s average weekly wage, and the impairment rating as assigned by their...

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How long will it take you to settle my workers compensation case?

Settle

Clients will ask me from time to time how long it will take to settle their workers compensation case.  There is no guarantee that a case will settle. Settlements involve two willing parties. If the insurance company is not willing to settle, only the workers compensation commission can decide if they owe you any money. So the question becomes, how can your attorney negotiate with the carrier to put money on the table as quickly as possible? There is more than one way to get your case settled, and not every attorney does it the same way. Our philosophy as...

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Posting on Social media can kill your legal case

Posting

I wince when I see people post pictures on social media of their wrecked car or comments about what just happened immediately after an accident.  Taking pictures or notes immediately is great and should be done if you are physically able.  But posting them for the world to see is unnecessary and could hurt your case. How can it hurt?  An attorney on the opposing side is much more likely to find something to cross examine you about and twist your words during a deposition or at trial.  The comments made by friends on your social media could be taken out...

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How long does it take to get a Social Security Disability hearing?

Hearing

Many times I get asked, "how long does it take to get a hearing on my Social Security Disability case?" Unfortunately, the Social Security Disability process can be a long one.  There are generally 3 steps in the process to get Social Security Disability: 1-Application (you can do this in person at your local Social Security office, online at ssa.gov or by phone with your local social security office) 2-Request for Reconsideration-this is the first appeal if you receive a denial letter on your initial application 3-Request for Hearing-this is the second appeal, if you receive a denial letter on the request for reconsideration. ...

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Why You Should Trust Your Hired Lawyer And Not Google

Trust

It is extremely important that you trust your lawyer and trust their advice.  I have been practicing law for more than 15 years now and have noticed an increase in clients doing their own research about different legal matters on the internet.  Most times, this is not an issue and the client will listen as I explain how their research may be different than what the law in our state or jurisdiction may be, as the laws in this country can be different in every state.  With the amount of legal information available by internet these days, clients sometimes believe...

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Properly Handling Divorce When You Have Children

Divorce

In my experience practicing divorce law, I have seen clients handle issues with their children the right way and the wrong way.  So, from my perspective in handling these cases, here is the best way to handle divorce when you have children: Do not let the kids see you fight Do not talk negatively about your ex-spouse in front of your children. Your ex is still your child’s father/mother Be cooperative with visitation, especially during the holidays. I have found the best way to deal with holidays is to alternate each holiday and alternate by year.  For example, one parent...

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How Social Media Can Cause Harm To Your Legal Case

Social Media

For over a decade now, social media has become the norm on how we interact with each other on a daily basis. We post our favorite moments from our life on Instagram, Facebook, Twitter, Google+, YouTube, and Snapchat for all our friends and family to see as well as the public. While this is all a good thing focusing on networking with friends and family, it can also be a very bad thing when it comes to your Injury. Sharing too much about yourself can have a major negative impact on your current situation. When it comes to your injury, especially...

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Termination from your employer when dealing with overtime

Termination

Can my employer fire me for filing a complaint or participating in a lawsuit against them for unpaid overtime? No. It is against the Fair Labor Standards Act for an employer to retaliate against an employee for filing a complaint or participating in a lawsuit for unpaid overtime wages. In order to assert a prima facie claim of retaliation under the FLSA, a plaintiff must prove: (1) that he or she engaged in an activity protected by the FLSA; (2) that he or she suffered adverse action by the employer subsequent to or contemporaneous with such protected activity; and (3) a causal connection...

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