I would speak with your lawyer concerning your options to enforce the mediation agreement. I would imagine that you should receive the check soon.
The fact your lawyer thought the case was "six-figures" and then later feels it is a case where you could get "nothing" tends to have me believe that some of the necessary elements for a medical malpractice case were not strong.
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I agree with the other posted answers.
Good luck-hope you get your check.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Things can happen (or be learned) during the course of a case that make it stronger or weaker. We can't answer what occurred in your case in this forum. As to the hold-up on the check, it can happen sometimes. Perhaps the mediator can help figure out what's going on. No sense hiring a new layer now and I doubt you would find one at this stage of the case.
If your case settled at the mediation, you are unlikely to find an attorney to take over the case, since there is nothing in it for them. Your other attorney has fully earned his fee. It is odd, that he hasn't been able to get an answer. It's time for him to send a certified letter, and perhaps involve the court.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Your lawyer has a vested interest in obtaining the money, as his fee comes out of it. Call him to discuss the options.
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You can always switch lawyers, but first discuss the matter in detail with your lawyer. If you signed an agreement with your lawyer's advice, then it is very hard to overturn it unless there was fraud, coercion, undue influence or you were incompetent, or under the influence of drugs or alcohol.
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