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

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


  3. 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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  4. 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. 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 regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

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