Legal Question in Personal Injury in California

I had a personal injury lawsuit. It went on for 3.5 years. I found myself suddenly rushed into settlement in 24 hours with no preparation from my attorney. The judge was determined to settle the case and stated such the minute I walk in the door and it was a train wreck from there on. It was a shock. I was told this would be the first mediation and not for the settlement. That was entirely not true. I was completely blindsided and unprepared. I was in terrible pain. I feel I seriously got railroaded from my own attorney and the judge and pressured into settling the case. I did not get to talk about what had happened to me or be present while any questions were being directly addressed to the plaintiff. As a matter of fact, my own lawyer never went into the room with the defendants and the whole event was dehumanizing for me. The settlement was for me a pittance of what I should have recieved. But more important were the issues that were not addressed so I would known in my heart we (I) did the very best I could. I waited for this for 3 years and now find myself very depressed, disallusioned and confused. I have not received any monies yet. Can I stop this process and have my day in court? My lawyer says I got more than he thought I would. He really did not do very much for me or my case. He did not address the questions I asked him too nor did he talk to one of my doctors that was an expert witness and knew me for a very long time. This is very disheartening. I am still left unemployed and with great pain. Not even the fact I have to have an aid was addressed. I feel I never got my day in mediation or court. I feel my voice was silenced without being heard. This whole process is horrific, disgusting and has not one feeling of justice. Is this the way law just is in 2011? Is there anything I can do? Thank you. Barbara


Asked on 1/03/11, 6:08 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I am sorry that you had such a negative experience with the legal system. Absent the defendant's insurance company breaching the setlement agreement, including not paying the settlement figures within any time frame set up for the payment, there does not appear to be anything you can do to void the agreement. I presume that your pain mediation was not so strong that you were unable to mentally function.

You described what the typical mediation is. Your attorney should have told youi that it is a several hour long settlement conference with an attorney or retired judge [active full time judges do not take part] and the mediator always starts by stating to everyone what the purpose is and how it will operate. I doubt the defendant was even there, as it is the insurance company that has the money and conrtrols the defense side of the case.

Perhaps you did not understand your attorney when he told you what the mediation would entail. You do mention that he said the case might be resolved at a later mediation. Even if the defendant had been there, you would not have been allowed to ask any relevant questions. For a long time now juries have been very ungenerous to personal injury plaintiffs, especially those involved in car accidents. It would not surprise any plaintiff's attorney that you settled for less then the case might be worth, because at a cost of at least $10,000 if you tried the matter before a jury you likely would get even less money. Your attorney has to try to get as much as he can for you, but also must be realistic and favor settling for what a jury would likely award you.

While you felt railroaded, you had the ultimate responsibility to determine if you were going to accept the offer or not. I was not there when your attorney spoke to you and people see things according to their own desires, so Ii can not say whether your attorney did a proper job or not. Certainly he/she failed to make you happy, but that is not the principle work of an attorney.

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Answered on 1/08/11, 8:33 am


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