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A Personal Injury, Workers' Compensation and Defense Base Act Law Firm Fighting for the Injured.

Articles Posted in Third party liability

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You probably already know that our passion is to help the injured! Let me give you a bit of background on how we arrived at this point.  As a child Attorney Hoffman watched her mother lay in bed suffering for months recovering from injuries suffered in a car accident where the vehicle was totalled.  Months later her mother received a call from the attorney who told her he had settled her case and she would receive $350. As a child Attorney Hoffman found that offensive. She vowed to spend her life fighting for those injured and vowed to not let this happen to anyone else.

Brandon’s Success Story.  A few years ago, Attorney Hoffman received a call about a fellow Hoosier who had been riding on his college fraternity’s float in a school parade. The float driver began to drive faster swerving the car from side to side. Two people were thrown from the float including Attorney Hoffman’s client who sustained a fractured skull with brain swelling.  IMG_14591-300x225

Learning of an accident like that is any mother’s nightmare, but lucky for Brandon, his mother was an experienced nurse. She flew in, came to his side, and approved him being put into a coma and a surgical procedure performed with a section of his skull removed so his brain swelling could subside. After a few months the brain swelling subsided, the skull flap was re-attached and the injured Hoosier began a long course of rehabilitation. Words are inadequate to describe the dramatic comeback  that Brandon made by following up with therapy, doctors and always striving to improve.  His success shows you that while brain injuries are terrible, you must always remain positive and belief in your ability to overcome the injuries and lead a normal life.

We tell you this so you understand that after terrible injuries, success stories can result. After months of litigation, Attorney Hoffman with the help of Attorneys Ariel Furst and Attorney Thomas Blackburn of Indiana was able to obtain a successful result where State Continue reading →

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While rare, an attorney should always consider the viability of pursuing a third-party claim where a DBA injury is due to the negligence of a third-party other than your employer. This is allowed under 33 U.S.C. Section 933 (a) but has a strict requirement of notification under subsection (g)Compromise obtained by person entitled to compensation:

IMG_9967-e1496774041913-225x300“1.  If the person entitled to compensation (or the person’s representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the person’s representative) would be entitled under this chapter, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer’s carrier, before the settlement is executed, and by the person entitled to compensation (or the person’s representative). The approval shall be made on a form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days after the settlement is entered into.

2.  If no written approval of the settlement is obtained and filed as required by paragraph (1), or if the employee fails to notify the employer of any settlement obtained from or judgment rendered against a third person, all rights to compensation and medical benefits under this chapter shall be terminated, regardless of whether the employer or the employer’s insurer has made payments or acknowledged entitlement to benefits under this chapter.”Do not settle your third-party case without first obtaining written permission from both the employer and the DBA insurance company to settle the third party claim.  If you settle the third-party claim without getting written consent you will lose all future compensation and medical treatment payable by the DBA insurance company. If you are settling your third-party case for less than the compensation you are entitled to under the DBA case, you must obtain written approval on Longshore DBA Form LS-33 which must be filed within 30 days of the settlement with the District Director.
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