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

Asked over 1 year ago - 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. Marilynn Mika Spencer

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  2. Brett A. Borah

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

  3. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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... more

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