My attorney feels I have a good case but due to my psychiatric state ( borderline personality) and the nature of offense which is over diagnosis of MS and the rigors of deposition and jury trial it would be easier emotionally on me to avoid these situations. Should I take her advice? Over diagnosing MS follows timeline of beginning of serious depression which may have been caused by medication known to worsen symptoms so severely in person with even slight depression to become suicidal.. Which I almost successfully did. Over a period of years of treating a non existing MS ( known now as fact that MD did to hundreds of people) he knowing emotional vulnerability of me, eventually lead to having sex with me claiming to "help" me . Give up or pursue? My marriage iobviously over as result?
No lawyer on Avvo is going to second guess your lawyers advice. If you have second thoughts about your lawyer's advice, consult with another lawyer and get a second opinion. I can only tell you in general terms that a lot of people who turn down settlements, lose. That may not be you, but you've only got one case. Feeling lucky?
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Do you trust your attorney? It comes down to that. If you have any doubts, seek a confidential second opinion from another lawyer. You also may want to speak to someone who you trust and ask them. It's all about trust.
A meeting with you attorney, and possibly someone to assist you,but there may be ethical concerns, is in order.
I don't disagree with anything said above. An attorney in Fl is ethically bound to exercise his or her best independent professional judgement in representing the client. Litigation is one of the top three stressors one can undergo. Ultimately the decision has to be yours but consulting with someone you trust could help you clarify the pros and cons of litigation.
There are a lot of moving parts in your case. You may want to have a sit-down meeting with your attorney and discuss with her all of your concerns. In that meeting your attorney can explain to you in greater detail the reasons for her recommendation, and you can delve into any questions you may have and explain to her whether you agree with her assessment about it being in your best interest to avoid the rigors of litigation. At the end of that meeting if you still have concerns and remain unsure as to the best course of action, you can always seek the opinion of another attorney. Remember, under Florida law the decision on whether to settle a case or not is always the client's. However, I assume you chose this attorney because she is skilled and you trust her experience and judgment. Good luck.
If you trust your lawyer, you should know he or she has only your best interest in mind in making such recommendations. Having been through trials sitting next to bereaved family members, I can tell you the stresses of a trial are epic. You might get more at a trial. You also might get less or nothing at all. It's a roll of the dice, and you and your doctors should decide the risks verses the benefits.
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