I am in the middle of a medical malpractice lawsuit, my lawyer said they go to mediation june 1st...what is the process after that? if we settle, how long does it take after that to actually get the money in hand? They wont tell me anything...im confused...any advice would be helpful, thanks!
2007-04-28 12:22:55 · 8 answers · asked by Jessica 3 in Politics & Government ➔ Law & Ethics
If having money in hand quickly is a priority for you, that is something you can try to have included in the settlement agreement. There is no one-size-fits-all settlement agreement, so you can negotiate for terms that are important to you. For example, you can negotiate to have a check delivered to you in a short time frame after execution (although less than two weeks would probably be unreasonable). You can talk to your lawyer about having a provision included where the defendant(s) would pay a small penalty for each late day, maybe $50, to encourage them to pay on time. If it seems like it will take a long time for all of the parties to sign off, you can try to negotiate to have a portion of the settlement paid early. For example, you could agree to sign off on an agreement-in-principle, in return for which you would get a portion of the proceeds right away. Then, when a final agreement was signed and executed, you would get the remainder.
And definitely, if you are having trouble communicating with your lawyer, that is not acceptable behavior on the part of your lawyer. Often, state Bar Associations will have programs to help people work out problems with their lawyers; try giving your bar association a call or checking out their website if you aren't making any progress with your lawyer.
2007-04-28 13:13:40 · answer #1 · answered by LawMom 3 · 0⤊ 0⤋
Mediation is a last attempt to work it out before going to trial -mediation is not binding on the parties. Many cases do settle at mediation (that's why it's called mediation) with the help of an unbiased mediator. But it isn't a shoe-in. Once the case is settled, however, it can take anywhere from 6 weeks to 3 months to prepare the releases (you are working with two or more sets of lawyers and if this is a med mal case, probably more than that) and get them finalized for signature. After the release is signed, it will be another 6-8 weeks for the insurance company to issue the check. Just be patient -
2007-04-28 12:35:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Mediation is a very last attempt to paintings it out contained in the previous going to trial -mediation isn't binding on the activities. Many cases do settle at mediation (it quite is why it quite is called mediation) by an self sustaining mediator. in spite of the glaring undeniable truth that it is not a shoe-in. as straight away because the case is settled, in spite of the glaring undeniable truth that, it would want to take everywhere from 6 weeks to three months to coach the releases (you're operating with 2 or more beneficial contraptions of legal experts and if it is a med mal case, in all likelihood more beneficial effective than that) and get them finalized for signature. After the launch is signed, it truly is going to be yet another 6-8 weeks for the reassurance organization to situation the ascertain. in truth wait and spot -
2016-10-18 04:26:53 · answer #3 · answered by ? 4 · 0⤊ 0⤋
The court will have both parties enter into a mandatory settlement conference, Your lawyer may counel you to accept their offer. If so, and the mdeical company is a large business, you will see the money in a couple of weeks maybe less.
But be careful. The other side will try to make this go away cheap. Your lawyer may try to push you to settle to avoid tying up his time in court. A larger offer and settlement may be yours if you have patience and push this into a trial, or if you are loosing the case it could be less. Time to think long and hard about what is best for YOU.
2007-04-28 12:36:09 · answer #4 · answered by tk 4 · 0⤊ 0⤋
You should camp out in your lawyer's office if they won't talk to you. That's unacceptable behavior.
The two main causes of clients filing grievances against attorneys are 1) disputes over fees, and 2) failure to communicate with the client.
He should be able to tell you what he expects, but do not expect promises.
2007-04-28 12:45:04 · answer #5 · answered by open4one 7 · 0⤊ 0⤋
Every case is different. You really need to ask your lawyer. Once all papers are signed and settled ..it could be six week or it could be a year.
2007-04-28 12:26:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If the people you are sueing appeal, it could take acouple years, ori you lose mediation, then, never.
2007-04-28 12:26:55 · answer #7 · answered by mdk 3 · 0⤊ 0⤋
contact john edwards.
2007-04-28 12:29:22 · answer #8 · answered by dumbuster 3 · 0⤊ 0⤋