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Mediation for complex car accident case. went to mediation agreed under pressure from my lawyer saying he wont go to trial

Bohemia, NY |

to basically take offer even though it was not great offer permanant
disabilty, lost job, herniations neck and back head injury
can i do anything about this to try to get what i deserve
since i signed at mediation agreement right on spot

Attorney Answers 5


  1. You signed binding agreement already? Consult new local personal injury attorney, who can better help you after you explain the specific facts for you case.

    BEST ANSWER I got.... and I HOPE I WAS HELPFUL!! Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not establish an attorney/client relationship. If you would like my help, contact Mr. Hamer at (214) 843-1529 for a FREE CONSULTATION.


  2. There may be good reasons why your lawyer felt a mediated settlement was preferable to taking your chances at trial. If you reached an agreement, it may be too late to get out of it. But talk to him about your concerns and if you still have questions, talk to another lawyer near you


  3. If you signed a settlement agreement you may be stuck. Does the agreement say you were not under duress? If NO, the only chance you have is to fire your lawyer and claim your lawyer forced you to settle. I would caution you that the lawyer probably has a reason for advising you the way he did. Perhaps he doesn't think you can satisfy the "serious injury" threshold required in a car case.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. Never settle for an attorney who only knows how to settle.


  5. Depending on the wording of the settlement agreement you will be bound by your signature. The only way to fight the agreement is to make a motion in court to quash the settlement agreement. This is not an easy thing to do and will not likely succeed. The insurance carriers and defendants have a right to rely and enforce the agreement.

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