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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114728
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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This week I will be attending a mandatory settlement conference

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This week I will be attending a mandatory settlement conference in Ventura, Ca. The case involves myself, 46 year old male and a neurosurgeon. The doctor did a second surgery on my lower back in 2005 to "repair" three discs. The results were bad for me. I ended up with a spinalcord injury that effects nerves that control my bowel and bladder function and I have erctile dysfunction. It turned up that the neurosurgeon has no insurance and is uninsureable. His license has been suspended, but he still performs these endoscopic proceedures. My lawyer tells me that this doctor has a troubled past, and in these settelment conferences he's never paid out more than fifty thousand dollars. For all my pain and discomfort in my daily life fifty thousand seems like a small amount of money to settel for. We have a Sept.22 trial date and my lawyer would like to settle this case before then. I have been informed that if I don't settle this week and go to trial cost will skyrocket. What should I do?
If you believe you are entitled to more, then hold out for what you believe you deserve and stand firm on a reasonable number. Be aware that if the doctor offers a reasonable settlement and you refuse it and you go to trial and get less than 25% more of that settlement or less, then you could be liable for his attorney's fees. However, if you have a good claim and significant pain, suffering and disability, you should get more than $50K and pressure him for more. Your attorney is not kidding that if you go to court your costs will increase, but you are the only one who can make the economic assessment as to whether the settlement offer, even if it is lower than you want, will put more money into your pocket than if you fight this matter through trial.


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