Legal Question in Personal Injury in Illinois

In one month I will have mediation as the plantiff in a suit for personal injury. I was struck in the rear by another unlicensed driver. He was at fault, occurred at a stop light. He is a chronic drunk driver.
Some injuries are back, neck, headaches, TMJ, and fibromyalgia which adds sleep apnea and fatigue/pain. Also memory impairment.
The mediation was ordered by the judge in the case.
Medical specials are at 40,000.
Damages include 7,000 loss of income, loss of a promotion, pain and suffering, permanent disabilities as listed above.
1) Should my attorney be able to articulate the expected acceptable settlement pre-mediation? I would think this could be determined by an experienced attorney.
2) What questions should I ask my attorney at our pre mediation meeting to insure he is prepared and to best optimize a settlement. Given the nature of the case it does not represent one which he would be disposed to expend inordinate amounts of time on.
3) What should I provide my attorney with prior to the mediation? Life impact, estimated monetary impact?
4) Is there any rule of thumb for estimating outcome of mediation vs. going to trial? What factors should I consider as this time comes around?
I thank you for your reply. My attorney is respected and experienced but aan independent viewpoint would be greatly appreciated from experts in this area.
thanks again

Asked on 8/23/09, 5:23 pm

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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1) Yes, subject to change depending on what occurs at mediation.

2 &3) Ask him #1 and whether he needs anything to assist him in documenting the damages such as bills, records, reports, pictures, life tables etc.

4) No rule of thumb other than a mediation allows you to have a say in the final outcome, a trial does not.

Good luck

Answered on 8/28/09, 5:33 pm

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