Q: After mediation fails on a personal injury claim, can I, the Plantiff refuse to settle and force it to court?
I was involved in a car wreck in no fault state, however, the car was totaled and I was left with a debilitating syndrome called CRPS/RSD. The insurance refuses to settle for any where near the limits and is basically only offering to pay lawyers fee and medical bills only, no pain and suffering. Since mediation failed and it will move forward to court, if they do decide to try to settle between now and future court date, do I have to accept settlement if they offer full demand amount, or can I decline and let it go to court since they've refused the demand not once now but twice? I have an EXTREMELY strong case with no liability issues, doctor support in diag, pictures proving condition in body, etc and I am certain that they would not win in court but I'd be willing to gamble it considering they are offering such a low ball joke offer I'd go just on principle at this point. I'd rather it go to court if possible. Case is in North Dakota. Thank you in advance.
A: You should contact a member of the Trial Lawyers Assn for the state where it happened, ideally in the county where it happened. You are in a complex case situation and need a free consult at least.
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