Legal advice Please........Need your input.

Discussion in 'Fibromyalgia Main Forum' started by silky17, Jun 21, 2006.

  1. silky17

    silky17 New Member

    Here I am again asking for some guidance from whomever has been there or has legal knowledge.
    I was just informed that my lawsuit for my long term claim has been denied again. But.......

    I will have to go to Calif. (I live in Ariz.) on the 27th, this Tues. I will be going to a settlement conference with my attorney and the ins. co. that is involved.

    I am wondering if anyone here can give me insight to what I am up against. Have you ever had to go into one of these?
    Is anyone a lawyer ? What and how should I handle this.? I would be so grateful for your input.

    If anyone has anything please post to Silky17 on here. My email address is down and I can't find out where to change so I get it delivered to me.

    Thank you so much again.

    Silky17 (Debbie)
    [This Message was Edited on 06/21/2006]
  2. Adl123

    Adl123 New Member

    I'm not an attorney, but I was involved in a lawsuit of my school district for a disabling injury. I had a really good lawyer -in fact, he was one of the three AAA attorneys in California, for workmen's comp.

    One thing he did, was spend over an hour preparing me . That, and his presence, helped me through the deposition. Be sure to listen as carefully as you can, dont take anythng for granted, and don't let them get away with vague or inaccurate statemenhts.

    Try to keep calm . Forget the power they have, and concentrate on the power you have - imagine them in their unerwear, if necessary, just don't be intimidated. Take your time, don't let them rush you, and if you don't understand, ask.

    I'm sure everything will go fine.

    Hugs,
    Terry
  3. hugs4evry1

    hugs4evry1 New Member

    You might want to change your title to include something about legal advice so others know what your post is about.

    Bumping for more replies.

    Nancy
  4. rockgor

    rockgor Well-Known Member

    Is this a Worker's Compensation Claim?
  5. silky17

    silky17 New Member

    This is a claim through my disability insurance through work.

    Deb
  6. rockgor

    rockgor Well-Known Member

    The parties try to work out a settlement and avoid the next step. Ask your atty if the next step is a trial, arbitration, etc.

    Generally people like to settle because it avoids the risk of a trial where one side could lose. In a settlement the plaintiff gives up the chance of a big award but gets something. The defendant gives up the chance of paying nothing but pays something it thinks reasonable.

    Usually the attys discuss the case and then talk to the judge who tries to talk them into a settlement. The judge wants the calendar cleared. There aren't really enough courtrooms, court reporters, judges, etc. to go around if everyone insists on a trail.

    Gnerally (the law is full of generalizations) the parties only talk to their own atty. Someimes the attys have agreed on a settlement and the judge agrees with it, but one or both parties won't agree. In such a case the judge will sometimes talk to the the plaintiff/defendant and point out the benefits of the settlement.

    If the alternative to not settling is a jury trial, keep in mind that jurors usually vote w/ their emotions and don't know much about medicine or law. So they will sock it to an insurance company if they get the chance.

    But if there is evidence of a "disabled" plaintiff riding a bike (vidotape perhaps), the jury may not understand how a disabled person can have a good day now and then.

    Since no one can predict the future, a settlement is a sure thing compared to two in the bush. Old attorney joke: It must have been a good settlement. Both parties were unhappy with it.


  7. silky17

    silky17 New Member

    I will be going on Tues to Cali for mine. I pray I get as much as I can. So those of you who pray please stick me in one. :)

    Thx again,
    Silky