Legal Question in Mediation in California

Wrongful death of my Mother

My sweet Mother was killed in an auto accident 14 months ago.The driver of a Sears delivery truck was at fault and did not have a license. My family found a lawyer, we haven't filed a suit yet. We really have not done much at all. The insurance Co. quoted 60,000.00 my lawyer asked for 150,000.00 to 200,000.00. Then the insurance Co. said because my Mom lived for one day after the accident the accident did not kill her, but the reports from the cornor

states the accident caused it. She had a heart by-pass three months earlier but she was just fine. She was better than before the operation. My lawyer got a mediator but I can not make the meeting because the meeting is in 4 days I can not make it in such short notice. The lawyer said

well that was a one time chance at mediating. My question is: Does any of this sound at all normal? Can I find my own mediator in couple weeks so I can be there and that would give the mediator time to look at papers from both sides. They calulated her life expectantcy to be ten years. I would rather have my Mother than dealing with all this hurtful situation. The driver had a choice, my Mother

didn't. Do you have any ideas on how to go forward with this?


Asked on 11/24/04, 2:33 am

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Wrongful death of my Mother

Wrongful death damages depend on the relationship. It also depends on many factors such as age, involvement, etc. Sometimes the chance for mediation may come suddenly, but it would be very unusual for it to only be on 4 days notice. I would suggest you confer with other attorneys and consider replacing this attorney.

Joel

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

CONCENTRATING PERSONAL INJURY, WRONGFUL DEATH, AUTO ACCIDENT, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

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Answered on 11/24/04, 9:05 am
Keith E. Cooper Keith E. Cooper, Esq.

Re: Wrongful death of my Mother

Mediation is entirely up to the parties and they can handle it however they wish. Your opponents may be insisting that they will give you only this one chance to settle. This is a bargaining strategy, and is common "posturing." It may have to do with what they expect they can save by going to trial--the longer the case lasts, the more money each side spends, so many attorneys try to settle early. Once the insurance company has spent a certain amount of money, they may think it is worth taking a chance that you will lose in court.

It is possible that your attorney can attend the mediation without you (depending on the mediator's requirements) and include you by telephone or you may ask the other side for a later date.

You should discuss your strategy with your attorney and ask him to explain anything you don't understand, including the process.

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Answered on 12/03/04, 7:43 pm


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