Understanding the DBA Settlement Process
Defense Base Act (DBA) cases and claims frequently result in settlements. The DBA claims process is often drawn out and confusing, and going through such a case is a stressful and complicated process. In many cases, insurance companies rely on delaying tactics to successfully defend or dispute claims. It is vital to understand that settlements for DBA claims almost always address all issues in the claim, preventing workers from pursuing additional means of recourse once the settlement has been agreed upon. With that in mind, someone filing a DBA claim must have an appropriate settlement amount in mind long before a claim reaches the settlement stage.
Calculating a DBA Settlement
Something to bear in mind when it comes to arriving at an accurate DBA settlement is that there is no pre-existing formula to calculate a DBA settlement amount. Unlike personal injury legal cases such as automobile accidents or negligence claims, the Defense Base Act does not consider typical pain and suffering. Instead, a DBA lawyer or an individual filing a DBA claim should prepare a detailed demand package to provide to the DBA insurance carrier. Any demand should include the following pieces. (1) a summary of the incident that caused the injury, (2) contractor background information, (3) both current paid and unpaid medical expenses, (4) anticipated future and ongoing medical expenses, (5) an extensive summary of medical care and injuries including medical records, and (6) lost wages, both past and future.
Additionally, a good settlement demand package addresses how workers’ injuries impact their ability to work in both the short term, but also in the long term. Permanent injury restrictions not only prevent workers from returning to their previous positions but also from working certain jobs moving forward.
DBA Mediations
DBA claims and cases are often settled at DBA mediation sessions. DBA mediations involve all of the parties coming together to address the issue. Settlements agreements are often reached at such meetings, and these events can be the culmination of a DBA claim. Injured workers with DBA claims should be prepared to attend mediation sessions in person with the understanding that their claims could be resolved and their compensation finalized.
Do You Need Help with Your Defense Base Act Claim in Florida?
If you or someone you love has or is considering filing a Defense Base Act claim in Florida, let the attorneys at Friedman Rodman & Frank fight to help you recover the damages you deserve. Expenses and injuries sustained on the job can quickly become overwhelming, and having an experienced roster of Florida DBA attorneys by your side can make a world of difference in the compensation you receive. Our experienced attorneys have successfully represented injured workers at every stage of their claims, ensuring that they obtain the compensation that they deserve. With our team, you can have faith that your claim is being pursued properly. If you have questions about your case, call us today at 877-627-5116 and schedule a free and no-obligation initial consultation with a Florida DBA lawyer.