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Attended MSC for workers comp case2wks ago, Attorney for Insurance Co agreed to pay proposed settlement amount.Nothing was

Inglewood, CA |

signed at the hearing, my Atty said that the other side's Atty was circulating the documents. Haven't heard anything since. Can I demand that the INS Co Atty have me sign the documents by a certain deadline or else I will decline their initial offer and take the case to trial? My initial plan was to go all the way to court. Thanks.

Attorney Answers 3

  1. If you have an attorney, why are you asking for guidance from strangers here on Avvo who know nothing about your case? Your attorney has the facts and is working on your behalf. Direct your concerns to your attorney. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

  2. You need to ask your own lawyer. I don't practice in California, but my opinion is, probably not. You cannot "decline" their offer because you apparently have already "accepted" the offer. You have already initiated the settlement process by agreeing to a settlement at the mediation, and now you are impatient at how long the process takes to be finished. Believe me, going to a hearing is not going to speed anything up. It takes a few days for the settlement paperwork to be drafted, revised, and then circulated for signatures. Two weeks in not an unreasonable amount of time to get all that done. Here in NC a party cannot back out of a mediated settlement agreement because it is binding on the parties. I suspect the law is the same in your state, but check with your own lawyer.

    This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

  3. You probably can but why do that? If you liked the deal then keep it.

    If you ask an insurance carrier or their attorney if it's raining outside, it will take them a month to get back to you. If you ask anything tougher, like preparing a settlement document, it will take just that much longer. Be patient.

    And for heavens sake, you've got an attorney. You're paying your attorney. Your attorney knows you, your case, the other attorney.....TALK TO YOUR ATTORNEY.

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