Legal Question in Personal Injury in California
I am the plantiff in a personal injury auto accident where the defendant is 100% at fault for the accident. Damages are lost wages, distress, various permanent injuries. This will be mediated by
order of the judge.
What are the questions to ask my attorney before or during the mediation to insure the best outcome. It occurs to me although he is on a contingency fee basis it may be economically advantageous for him to settle at a mediation vs. go to trial. Perhaps this would not be in my interest. Any comments appreciated.
3 Answers from Attorneys
Trust your attorney to handle the mediation in your best interest.
As a mediator and plaintiff's personal injury attorney, I advise you to rely on your attorney for advice. Weigh the cost of continuing on the case toward trial: expert witness fees, jury fees, deposition costs, court reporter fees, higher attorney fees, etc. Ask the mediator what he thinks the case is worth. Weigh the chances of getting more at trial vs. settlement at mediation. How long will it be before you go to trial. Ask your attorney to show you jury verdicts in your jurisdiction with similar injuries. Is liability clear or is there an issue on liability.
No one has a crystal ball. If your attorney is experienced, he can help you in making the best decision.
To follow up on the advice of prior experts, of course it's possible to recover more at trial, but it's also possible to recover less as so many things can go wrong before or at trial and there is simply no way to guarantee results or what kind of jury you will have on the panel. There is a value on certainty and in getting paid early for you and for your attorney. If your attorney hasn't explained that to you yet, he should.
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