Mediation Tomorrow

[ammowoman]

My husband has his mediation in the morning. I took the day off of work to take him. Any last min advise or suggestions? We don't expect anything to be accomplished or settled. We are fine with that. We expect to go to trial. I had read some old posts and one mentioned that the insurance company rep would have a approval limit. If we were to ask him/her what they were authorized to approve would they answer? We are claiming PTD. They are claiming PPD....I assume. We want medical left open. MSA shouldn't be a issue. We expect to be a waste of time except for the fact your required to go to mediation before proceeding to trial.

[1171]

maybe.
but you wouldn't know if it was accurate any more then if they asked you your lowest amount.

without a reason to settle I expect you are right; it'll go to trial.

[ammowoman]

Mediation went as expected. His attorney made it clear not settling for anything less than PTD. When attorneys were at the table with the judge we heard him tell the other lawyer he's aggressively pursuing this and you need to get to work. He's not going to allow it to be drug out to schedule any drs visits asap. So now we wait for them to schedule their appt they had a yr to schedule. Most disturbing part is they said they would not leave medical open. Can the judge rule it be left open? Also the attorney said that if we go to trial and the judge rules then he has no control over the language used. When you go to trial and let the judge rule, is your settlement shown over your lifetime needed the SSDI?

[jayne]

yes the paperwork wording is left up to your lawyer its not a big deal sometimes they say things to scare you into settleing quicker than you would normally even the judge cant force you to settle,all he can do is rule on it one way or another but the way he rules is in points(weeks) you are xx% disabled so you get xx weeks disabilty and the insurance company will pay you every week or however they pay till your weeks run out.Settlement happens when you and the IC decide on a $ amount in one check instead of a weekly check.And when you close out your medical with your husbands injury that might be a huge mistake talk to his PCP first.

[ammowoman]

We don't want to close the medical. We want it left open. Since the judge told them not to drag their feet I'm guessing he'll be getting a letter soon for his appt with their Dr and depositions scheduled. I will be calling his Dr today to set up the aqua therapy now.

[casual1]

My AA had a MSC 3 weeks ago with the Defense Attorney for the IC.
The DA made a cash offer of 50% of what the case was worth. My AA countered with 90%. The DA told my AA that he was going to call the IC and get an answer to this counter. The total dollar amount is quite small, so we assumed that this answer would come back quick. The DA has yet to respond back. How long do I wait for a simple answer, yes to the counter, no, new counter, etc? Should my AA wait one month for an answer or longer? What would be the next step in the process? Would a Judge have to decide the amount?
IMHO, this is just another stall game from the DA.
My PD (per AME report) was due to start March 2011, still no payment from IC. IC agrees with PD. My mileage reimburshment is over 60 days late.

[1171]

you should start your own thread; it confuses readers following the original topic.

no answer=no.
trial- judge will fix % not lump sum amount.