Yes, you can refuse to sign a proposal that’s been drafted by a certified mediator if you are the injured party in an accident that was caused by someone else. This is a common dilemma that many accident victims face when they are many months into a lawsuit and want to avoid the hassle and expense of going to court. And mediations do have high success rates, which is why court systems regularly mandate that you attempt mediation before you ask for a court date.
However, that doesn’t mean your case has to be settled in this manner. In fact, the majority of mediations are non-binding, so whatever recommendations are made by a mediator are not legally binding. This is different than court-ordered arbitration, where the panel’s decision is generally enforceable. So, there are other options you can explore in order to try and settle your case. If there is no other choice, you have the right to take your case to court, though this is a last resort that you should not enter into without careful thought and consideration.
For now, you are stuck with a set of recommendations that you are unhappy with, and as a result, the following questions may be on your mind:
- Can I refuse to accept a mediator proposal for settlement of my case even if my lawyer is asking me to take it?
- Can I switch my lawyers in California if I’m being pressured to sign a mediation proposal?
- What are the steps I should take if I want to fire my attorney?
We will go over these topics throughout this article, but please be aware that the information provided is not a substitute for legal advice from a personal injury attorney. The best course of action is to contact a legal expert and discuss the issues you are having, no matter where you are in the legal process.
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I Don’t Agree with the Mediator’s Recommendations. What can I Do?
First, we want to assure you that this is fairly common, and at the end of the day, their recommendations are just that – recommendations. There is often confusion over whether you have to accept the numbers as a “take it or leave it” deal, i.e., a proposal. It’s an unfortunate choice of words in our opinion, as mediators are supposed to act as a neutral third party. When they make a proposal, it would seem that they are crossing the line of neutrality to some degree. So, it’s essential that both the client and attorney view the “proposal” as a suggestion, and not something the client is forced to sign off on.
We mentioned before that mediations are generally non-binding, but there are exceptions to every rule. However, your lawyer should have advised you of this well ahead of time, and you would have the right to accept or refuse those terms. If you believe that this was never communicated to you, then this is a serious matter you should discuss with a legal malpractice attorney.
My Lawyer is Pushing Me to Accept the Proposal, but I Don’t Want to!
First and foremost, your lawyer’s job is to be your legal advocate, so if they believe that you have received a fair settlement offer, they will urge you take it. On the other hand, they must respect your wishes to explore other options if at all possible. After all, the compensation recovered affects you the most, and the last thing you want is to accept a settlement you regret in the long run.
If you and your lawyer are at an impasse, it’s best to seek counsel from another attorney in the same field. This is perfectly within your rights as an accident victim, and your lawyer should encourage you to get input from another legal expert. In many cases, this may be enough to put your mind at ease and let them know that they are not being cheated, either by the insurance company or your legal representative. Alternatively, you may discover that there are serious problems with your attorney’s conduct, and perhaps switching lawyers is the best way to save your case.
Can I Get a Second Opinion on My Case?
Yes, by contacting our office, you can schedule a free second opinion consultation with a lawyer that specializes in the accident that caused your injuries. We handle all kinds of claims involving negligence, including slip and fall and trip and falls, auto accidents, assault and battery, liability claims against the government, and sexual abuse lawsuits, just to name a few.
Our primary concern is to provide you with an objective assessment of your claim and the legal actions that are available to you. That’s why the consultation is 100% free, with no obligation to transfer your case to our law firm.
How Do I Get a New Lawyer to Take Over my Accident Case?
We can go over the process of how to fire your lawyer if that’s what you ultimately decide to do. However, we strongly recommend that you hire a new law firm ahead of time, and let the experts there handle the transfer process. Otherwise, you will have to do all the work of firing your lawyer in writing, working out a fee agreement for the time they invested in your case, and getting your case file over to your new lawyer.
You would be surprised at how difficult it can be to obtain your file from a lawyer (all the documentation, evidence, lawyer’s notes, etc. that has to do with your lawsuit) once you announce that you no longer wish to be represented by them. Is it petty and unbecoming of an attorney? Yes, but it happens, and the easiest way to avoid this problem is to hire another lawyer and let them take care of the odds and ends associated with moving your case from one law firm to another.
Contact Normandie Law Firm
Our legal team is always here if you have questions or concerns about an accident injury claim. That includes second opinion consultations, which are free of charge to anyone with an active lawsuit. If you decide that we are the right law firm to take over your case, we will charge you $0 upfront and agree to receive a percentage of your settlement award as payment. With the Zero Fee Guarantee, winning your case is the only way we get paid, so you lose absolutely nothing if we fail to secure compensation on your behalf.
We look forward to speaking with you and being a part of your journey to recover. Please schedule a free consultation by contacting us at your earliest convenience.
Other Pages on Our Website Related to This Topic
How Often Should I Expect to Hear from my Attorney on a Personal Injury Case
Assault and Battery as Personal Injury Claims
Doordash Accident Personal Injury Attorney
