Resolving Defense Base Act Claims Through Settlements

There are several ways to reach a resolution in a Defense Base Act (DBA) claim. A DBA attorney can assist claimants in making an informed decision regarding the best course of action. Resolution can come from litigation or settling before or during a claim. Litigation involves a complex series of steps that involves notice requirements, filing motions, formal adjudication, discovery and arguments. Settlement is an alternative to formal adjudication.

Handling and securing a fair DBA settlement claim can pose significant challenges to claimants. A DBA attorney is a critical asset during this process. In most cases, settlement occurs after the claimant reaches Maximum Medical Improvement (MMI). MMI refers to the point at which the claimant’s condition stabilizes and additional improvements are unlikely. It is important to note that MMI does equate to complete healing; in many cases, those who reach MMI will still require additional care. For instance, reaching MMI might mean that a claimant requires palliative care for the rest of their life.

Settling a claim generally addresses all issues, so claimants must consider all relevant issues when engaging in this process. In many cases, the insurance carrier and their team of attorneys will refute a worker’s claims for losses. However, an attorney can calculate an appropriate amount and advocate on the claimant’s behalf. Further, a DBA attorney can prepare a demand package that includes critical information.

A DBA settlement demand generally includes:

1. Incident summary;
2. Background information;
3. All medical expenses;
4. Medical care summary and corroborating evidence;
5. Future medical expenses; and
6. ]The extent of lost wages.

An attorney can prepare a compelling demand that illustrates the incident’s toll and subsequent injuries had on the claimant. This demand element may be particularly impactful and explains the claimant’s injuries under a medical and legal framework.

In addition to litigation and settlements, the parties may engage in mediation or enter into Stipulations. Mediation involves meeting and attempting to resolve the relevant issues. An experienced attorney will take the time to prepare a claimant for this process thoroughly. Entering into stipulations requires the employer and carrier to determine crucial aspects of their agreements. These aspects include determining the extent of medical benefits, ongoing compensation, and payment schedules.

Contact a Knowledgeable DBA Attorney to Discuss Your Claim Today

If you have a DBA claim, it is essential that you contact an experienced attorney to represent you through these challenging processes. The thought of future medical care, medical status, and lost wages are significant concerns for those who suffered injuries. However, injured workers have options. A DBA attorney at our office can help you make an informed decision about the best way to proceed with your case. In addition to DBA claims, our office handles Jones Act and Longshore Act claims. Contact Friedman Rodman & Frank at 877-448-8585 to discuss your Defense Base Act claim with an experienced attorney on our team. We provide free consultations to all prospective clients and will not bill you for our legal services unless we can recover compensation on your behalf.