Trials/Arbitration

[admin]

For those of you who have gone to trial, did the defense offer a settlement prior to the trial that you did not accept? I am curious because our trial was just given a start date of Sept. 2002. I did not know if that meant that arbitration would begin soon...or that perhaps no offer of a settlement would be made. Thank you.

[admin]

A settlement can be offered at anytime until you begin the trial. Mediation may be scheduled sometime before the trial and may resolve the settlement prior to going to trial. You have to think long and hard at what your bottom dollar amount would be that you would accept rather than going through a trial. We settled 2 weeks before trial started. We really had to decide if the amt. settled for was comparable to what a jury might award...and that's a BIG might. We took the settlement; I thought it was substantial in our area. I was relieved not to go to trial...jury reaction is so unpredictable. You have to sit down and figure expenses incurred, future expenses, etc. and what your child would need to maintain a quality of life standard including therapy, medical intervention, assistance, insurance, etc.

Be strong, hold your head high, and be proud. You're doing the right thing for your child.

[admin]

Don't be disappointed if that Sept. 2002 date doesn't stick. We had two trial dates set and then continued because of various reasons. One interesting reason -- the judge had to recuse (sp?) himself because his wife's gyno was the ob we were suing. (Tiny town!) We did end up settling the case before they set the third date and got a different judge

[Bridget]

In our case the doctor wanted to settle, his attorney wanted to settle, we wanted to settle, but the doctor's insurance company refused to settle. In their thinking, they only stood to lose a preset amount. If they settled they had to pay. If it went to trial they might or might not have to pay. They took the chance.

Bridget

[mom3]

We had our mediation 2 months before the trial date. Again as everyone else has said going to trial is risky especially if you live in a small or conservative area. Good luck with whatever it is you decide.