Can a case be tried again on a personal injury case.....actually it never went to court. Just mediation

Asked over 1 year ago - Redlands, CA

Scuba diving incident - of course all of the waivers were signed. Instructor was not with student - water conditions were not favorable. Injury caused hospital stay, loss of limb, future surgeries needed. Was told would be million dollar case. Went to court/mediation - was told no case zero money. end of story.

Attorney answers (5)

  1. Robert Bruce Kopelson

    Contributor Level 20

    11

    Lawyers agree

    Answered . Post is unclear. Mediation is not a binding decision. If case filed, most courts require an attempt to resolve at some type of ADR, like mediation. If it doesnt settle, the case is then set for trial. Not sure what the status is of your case. If no trial, and it hasnt beed dismissed for some reason, your atty or a new atty can step in and move cae along to trial. talk to your lawyer or a new one locally.

  2. Michael Douglas Shafer

    Contributor Level 20

    10

    Lawyers agree

    Answered . Mediation is non-binding. If negotiations fail, you just continue on to trial. Talk to your attorney about this matter.

  3. Andrew Daniel Myers

    Contributor Level 20

    8

    Lawyers agree

    Answered . Alternative dispute resolution, including mediation, presents an alternative to the more lengthy and costly process of actual litigation and trial. But, you always have the right to elect going to trial.

    Unless you signed a release, terminating the case in exchange for some settlement, or unless the case actually went to trial and judgment, then as long as the case was properly filed in the correct court, you are still in litigation. The actual procedural posture of this matter is not clear from this post. You must either consult with your attorney or if you did not have one, get one ASAP now today before blowing deadlines.

    HERE IS WHAT ALTERNATIVE DISPUTE RESOLUTION IS ALL ABOUT: [blue-link-below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  4. Timothy Leo Bowden

    Contributor Level 14

    4

    Lawyers agree

    Answered . it will depend if this was nonbinding mediation rather than arbitration. if arbitration which it may be, then it may be end of story. contact a local attorney who contributes here.

  5. Peter Stephen Kirner

    Contributor Level 16

    4

    Lawyers agree

    Answered . I hope that you had an attorney for this case. I am not sure you understand the process and what has happened and what can happen. I am not sure if the statute of limitations has lapsed on the case or not. Not sure who told you it was a million dollar case. You NEED to consult a local attorney ASAP to find out exactly what has transpired and exactly what your options are. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
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