This issue was regards to a surgery that went wrong 5 years ago leading to a early retirement and permanent disability.
3 questions
1) In a case of medical malpractice- - both sides will meet for mediation and come up with a out of court settlement. What is mediation and how does it work?
2) I recently went through yet ANOTHER surgery related to this case just 2 weeks ago. With Mediation coming up in the next few days would this surgery be included?
3) How does one know if that settlement amount is worth accepting"? What if money hungry lawyers suggest going for the first offer? how do we know who to trust?
Thank you for the information. I understand these cases can be complex.
Few more questions
4) How do I go about introducing the "recent events?" of the case?
5) Do I have to make any decisions the day of mediation? ie: can I have some time to think it over and get a second opinion?
I will ask my lawyer these questions but im afraid of insulting him. I'll always wonder if he's just looking for a quick buck. Its a bit scary giving one person all of your "faith".
How do I go about *revisiting* the "recent events?" of the case?
Do I have to make any decisions the day of mediation? ie: can I have some time to think it over and get a second opinion?
Is a second opinion of another lawyer common practice?
Please see the last 3 questions - Thanks in advance!
regerugged
Mediation is an informal process. Usually, both sides and both attorneys meet at the mediator's office. The mediator listens to one side. Then the second side presents their case. The mediator then tries to get both sides to agree to a settlement. He has no power to do anything.
Your current medical expenses and treatment are a part of your claim. Without knowing all of the facts in your case, it not possible to come up with a value. Your attorney's job is to do the best he can for you. So, don't rush into anything.
If you get to the point where the other side makes an offer and your attorney recommends accepting it, try getting an opinion from an impartial second attorney. Pay him a fee for a few hours of his time. If you have health insurance of your own, ask you claims adjuster if he knows of an attorney who does defense work for insurance companies.
silky1
Mediation is exactly what you said. the two sides discuss the issues and try to come to an agreeable decision.A third party, the mediator, assists the parties to negotiate their own settlement (facilitative mediation). No the recent surgery will probably not be included with the original lawsuit at this particular time ,but can be addressed at a later date. It's been my experience that first offers usually get better so if you can wait for the better offer do it.
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