Dear LIABLE...

[Haley3]

Dear Liable,

I called my lawyer last week to get my case status, since I have not heard anything in awhile. My lawyers' secretary said that the insurance company has come back with an "offer." She said that my lawyer will contact me directly and that she can not give me any further information.
My question is, how long does this process take? Do I have the right to contact my lawyer if I dont hear anything from him? or should I just be patient and sit tight? His secretary said that he will be going on vacation next week (6/23) but I would really like this resolved before he leaves.
What can I do? I dont want to seem pushy but a lot is riding on this money and I am very anxious...

 

[prairielaw3]

claims processes can taketrime and i understand you being in a hurry, but often claims need time; if the insurance co leanrs you reaaly need the money, they can use that to their advantage to try to drive down the price it cost them; you should be able to call your attorney; he/she may not be able to take it at the moment, but should be willing and able to return the call.
George Senteney

 

[Haley3]

is IAAL still around?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
Dear Liable,

I called my lawyer last week to get my case status, since I have not heard anything in awhile. My lawyers' secretary said that the insurance company has come back with an "offer." She said that my lawyer will contact me directly and that she can not give me any further information.
My question is, how long does this process take? Do I have the right to contact my lawyer if I dont hear anything from him? or should I just be patient and sit tight? His secretary said that he will be going on vacation next week (6/23) but I would really like this resolved before he leaves.
What can I do? I dont want to seem pushy but a lot is riding on this money and I am very anxious...<HR></BLOCKQUOTE>


My response:

Hi Haley !! Sorry, but I'm only making a cameo appearance tonight, and just for you. I've been involved in "trial preparation" on a case going to trial in July, and I'm writing a few last minute "killer motions" on the matter (called "Motions in Limine" - - Lim-in-eee). It's still pretty hectic. It's an assault and battery case, against an attorney, no less. Yes, the attorney is the bad guy, and he aimed a rifle at my client! The guy is fighting like crazy because he'll have to report the judgment to the State Bar, and they'll probably suspend his license to practice - - if I can get punitive damages against him. I'm pretty sure I can. Poor Basta*d.

Anyway, yeah, cases like yours can take awhile; upwards of 6 months, and that's only if the defendant's insurance company wants to settle, or if the settlement offer is acceptable to you. If neither is the case, it will probably go into litigation. So, sit back and take it easy. In the end, it's gonna be okay. Remember, if your case goes into litigation, you're really going to be busy with your attorney on your case - - like you're married to the guy (Yuck, you'd be better off with me than that old fart, anyway).

Anyway, kiddo, keep us informed. Yours is the only Personal Injury Case on this Board that I care to follow.

Best regards,

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 21, 2000).]

 

[Haley3]

Hi IAAL,

Well, my lawyer has decided to setup a pre-trial mediation because the insurance company offered only $7,000 to settle.

My lawyers assistant seems to believe that that this is a "good thing" - I honestly hope so...

Can you give me some advice on how this mediation stuff works? because I've never been through this before.

Thanks IAAL - wow! just think, a couple of months ago I wanted to punch you in the nose, now I want to give you a big hug for helping me!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
Hi IAAL,

Well, my lawyer has decided to setup a pre-trial mediation because the insurance company offered only $7,000 to settle.

My lawyers assistant seems to believe that that this is a "good thing" - I honestly hope so...

Can you give me some advice on how this mediation stuff works? because I've never been through this before.

Thanks IAAL - wow! just think, a couple of months ago I wanted to punch you in the nose, now I want to give you a big hug for helping me!

<HR></BLOCKQUOTE>

My response:

Haley, do you know how many clients have said variations of your last statement to me?
From hanging, to shooting, to disembowling me. But then, IAAL always comes through (at least for the most part - - I can't predict how some judges will rule all the time).

Sounds like $7,000 is pretty much what I said your case was originally worth. I imagine that your attorney and the insurance company will probably offer, and you'll accept, somewhere between 7k and 8.5k, if they are willing to come up.

Anyway, a mediation is quite simple. Unlike an arbitration, a mediator will read each attorney's mediation brief about the claims to see if there's any common ground for discussion. Also, the mediator will discuss, separately and in private with each counsel, the strengths and weaknesses in each party's case, and try to get the parties to break any existing impasse, in hopes of settling the claims, and avoid litigation. You'll be there, and your attorney will discuss with you what the mediator has said to him, insofar as the good and bad points of your claim, and see if any offers by you, and by them, can be negotiated through the mediator. The mediator is not there to "decide" the case; just to review each side's case facts and to try to come up with a mutually acceptable solution (usually money).

An arbitration is a different beast altogether and, if your case gets to that point, we'll discuss it at that time.

Anyway, it makes my heart soar that we are "lovers" again; that we've kissed and made up.

Thanks for writing back.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Haley3]

quote:
Originally posted by IAAL:
"Sounds like $7,000 is pretty much what I said your case was originally worth. I imagine that your attorney and the insurance company will probably offer, and you'll accept, somewhere between 7k and 8.5k, if they are willing to come up."
------------------------------
wow! thats kinda depressing - do you really think that I'm only going to see $8.5k at the most?
to be quite frank, that sucks! I was hoping the mediation will help in getting me more than that...I'm praying that you mean I'll get 8.5k (at the most) After the 33 1/3% is deducted for my lawyer?? I know its hard to pinpoint exact amounts and all, but geesh - thats bites...

(I'll love you lots more if you tell me I have a chance at $20k!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
quote:
Originally posted by IAAL:
"Sounds like $7,000 is pretty much what I said your case was originally worth. I imagine that your attorney and the insurance company will probably offer, and you'll accept, somewhere between 7k and 8.5k, if they are willing to come up."

------------------------------
wow! thats kinda depressing - do you really think that I'm only going to see $8.5k at the most?
to be quite frank, that sucks! I was hoping the mediation will help in getting me more than that...I'm praying that you mean I'll get 8.5k (at the most) After the 33 1/3% is deducted for my lawyer?? I know its hard to pinpoint exact amounts and all, but geesh - thats bites...
(I'll love you lots more if you tell me I have a chance at $20k!

<HR></BLOCKQUOTE>

My response:

Okay, you have a "chance" at $20k. What do I get if I say you have a "chance" at $30k?

Spoken just like a man. But hey, when opportunity knocks, you should never kick a "gift horse" in the mouth !!

But seriously, even after attorney's fees, you've had peace of mind, you've had a professional working on your case, and protecting you and your interests. That's not counting all of the work that's been done, and will be done.

You'll still get a hefty chunk of change out of this when all is said and done. And, I'd be absolutely flabbergasted if your attorney is able to get above 8.5k. If he does, there must be devine intervention.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[SamIam]

Dear “I Am Always Liable” You are an A* !!

From all your replies, you seem to act like judge and jury.

People are just asking for “Legal help”, not psychoanalysis of what they did wrong or how they screwed up.

Just give “legal advise”.
This is what this forum is all about, giving “legal Advice”?
I’m pretty sure there is another web site that does give psychoanalysis, maybe you should log-on and advice in that forum.

Take it from Tracy, who is always professional and gives great “legal advice”.

Don’t bother responding, I am not seeking legal advise or to have you psychoanalyze me.
……..Sammy


[This message has been edited by m martin (edited June 26, 2000).]

 

[Haley3]

IAAL,

yikes! is Sam an old defendant of yours or something?

anyways, maybe I'm speaking just like a woman now, but I really dont consider $8.5k a "large chunk of change." That is a paltry sum considering what I've been through and if thats all I'm going to get then why the heck is this going to be mediated?

Should I just accept the $7k now and not even bother going to mediation??

sorry to keep pestering you with this...

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
IAAL,

yikes! is Sam an old defendant of yours or something?

anyways, maybe I'm speaking just like a woman now, but I really dont consider $8.5k a "large chunk of change." That is a paltry sum considering what I've been through and if thats all I'm going to get then why the heck is this going to be mediated?

Should I just accept the $7k now and not even bother going to mediation??

sorry to keep pestering you with this...<HR></BLOCKQUOTE>

My response:

No. Samalamadingdong is just a poster to one of the other boards who didn't like my brand of response. But, we know how that can be, don't we.

Insofar as settling for 7k, please don't and hand in there. I'm not a soothsayer, and can only give my opinion of what a case might be worth. However, your attorney has actual first hand knowledge of your file, and knows the particulars and nuances of it.

It's worth it to go on. Unless you've got some very pressing need to settle, please don't. If you settle now, you'll always wonder "What if." Stick with it.

And, you're not pestering me. So cut it out.

Warmest regards,

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Jontue]

I like the way IAAL gives advice. You get talked with not just "at".
Will be talkin' to you soon. I hope!

 

[lars coltrane]

There is another, somewhat subtle issue: don't take the 7K; make the insurance co. keep the file open, make them have their lawyer spend time and money on the case. They are beating tar out of plaintiffs right now. So, don't quit - it takes your time, but it also takes their time. If we all just give in, what little rights that are left for victims will disappear altogeter.

We are here to give you moral support.

 

[Haley3]

Hi IAAL,

The Good News: My lawyer has setup a mediation meeting between myself, my lawyer and the insurance company.

The Bad News: it wont be held until mid-September!!!!!!

I cant wait that long for this to be settled!
Is there anyway that I can "force" them to move the meeting up? Should I say that I am going out of the country or something?

I mean really! September?!!? thats a long way off! Why are they waiting so long to resolve this!!

I'm sorry for all the yelling but I am totally exasperated with all of this...

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
Hi IAAL,

The Good News: My lawyer has setup a mediation meeting between myself, my lawyer and the insurance company.

The Bad News: it wont be held until mid-September!!!!!!

I cant wait that long for this to be settled!
Is there anyway that I can "force" them to move the meeting up? Should I say that I am going out of the country or something?

I mean really! September?!!? thats a long way off! Why are they waiting so long to resolve this!!

I'm sorry for all the yelling but I am totally exasperated with all of this...


<HR></BLOCKQUOTE>


My response:

Haley, you've never said, exactly, what the rush is about settling, and I would really like to know.

You must also remember that the insurance company has hundreds of claims to deal with, and they need the time to have their file reviewed by their attorneys in order to prepare for the mediation. That attorney, undoubtedly has a lot of active litigation files, also.

If you "telegraph" to an insurance company that you're anxious to settle, the amount they offer will be far below your expectations. There's an old maxim in the negotiation business - - and that is, "The person who blinks first, loses." Don't make your attorney have to "blink" on your behalf, or you're going to be very dissatisfied.

Thanks for keeping me informed. Hang in there, and try not to settle unless there's an actual emergency.

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."