Did you know that the vast majority of Defense Base Act (DBA) cases are settled prior to a formal hearing (trial)? The typical Defense Base Act case takes approximately 1-2 years to resolve if it does not go to a formal hearing (trial) with a judge. There are many reasons a case settles prior to a formal hearing or trial:

1. 1. Difficulty of Obtaining Testimony and Records in India, Bosnia, Macedonia, Kenya and Kosovo
      • The Department of Justice and many judges are now refusing to allow injured workers in countries like India, Bosnia, Macedonia, Kenya and Kosovo to testify in cases due to an interesting law called the Hague Convention. Without good testimony from an injured worker, it makes claims more difficult to win with a judge.
      • Many injured workers from India, Bosnia, Macedonia, Kenya and Kosovo are not being allowed to testify IN THEIR OWN CASE. Many judges are requiring injured workers to obtain letter from their local justice system allowing an injured worker to testify at their own trial! This can cause many issues and possibly get your claim denied. That is why it is important to reach out to an attorney like Javier Ruiz, Esq. to discuss your case.
   2. Certainty with Settlements under the Defense Base Act
      • Like everything in life, there are no guarantees in anything. This applies to Defense Base Act cases as well. By going to trial, each side will present their evidence, and the judge will make a decision based on all of the evidence submitted by the injured worker and by the insurance company (usually Starr/Gallagher Basset, AIG and CNA insurance). Usually, both injured workers and insurance companies want certainty—an injured worker does not usually want to gamble with a judge they have never met on whether their case will be accepted—and an insurance company would like to avoid a running payment to an injured worker that can last for years, or even decades!
   3. Decisions Take A Long Time !
      • Although I try to move claims as fast as possible (while still allowing me to do a great job), the claims and trial process is VERY slow. Getting a trial date can take 6-9 months; and unlike a jury trial, a judge can take more than ONE YEAR to make a decision after your case is tried. I have personally waited over one year for a decision from a judge on a Defense Base Act case.
   4. What is the Settlement Value of my Defense Base Act case?
      • That’s a great question! Many factors go into a settlement value of a Defense Base Act case—stay tuned for my next blog on the subject of settlement values and what factors go into the value of a Defense Base Act case!

It is very important that you contact a Defense Base Act attorney like Javier Ruiz, Esq. to review your case. Trying to handle your own case will not likely result in a good outcome! Call me at 954-408-7408 or email me at Javier@dbainjury.com to get started with your case today!