Legal Question in Personal Injury in California

mediation and EMI

The defense attorney has scheduled the only mediation on the day prior to a court mandated cutoff. Now I have been told that the defense wants me to have an IME 4 days after the mediation. I am willing to see any doctor they want me to, as I have been willing to do for the past many months while this case has idled. They have had months to hold mediation and have me undergo IME. They choose to have mediation the day before its deadline and now they want to have an IME after the mediation. What�s going on here? It seems to me that the defense is not really interested in mediation and possible settlement if they schedule an IME after the fact. If they were serious about mediation and settling the case would it not have been better to have had the IME prior to mediation? I can�t help feel like this is a ploy by the defense and ultimately the insurance company to hold the pending IME over my head at the mediation so they can lowball any offer they might give. I feel like they are not really interested in settling the case at mediation so in turn I feel like the mediation will be a waste of my time. Is there any advice someone might have for me?


Asked on 7/31/07, 6:03 pm

3 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: mediation and EMI

I just answered this question earlier in the afternoon, and my answer hasn't changed.

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Answered on 8/09/07, 8:36 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: mediation and EMI

Don't settle in mediation unless you are satisfied with the response. It is not unusual to schedule an IME after mediation because, 1) they don't want the expense if the case settles, and 2) the trial date will not be long after mediation and the IME serves to provide admissible evidence about you current state of health vis-a-vis your claimed injuries.

Why are you not asking your attorney this? You should not have had to ask this question on a public website.

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Answered on 8/09/07, 9:31 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: mediation and EMI

Your feelings are pretty accurate. However, I would suggest you talk to your attorney about this. He or she will have more information and can explain why this is happening.

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Answered on 8/10/07, 11:34 am


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