Q: Can I abrogate an agreement for plaintiffs to accept a lump sum and together decide the allottments?

Three of us disabled persons have a suit against an apartment owner. I was trapped in broken elevator twice (27 minutes and 51 minutes), had to live in an outside hotel for months, and because the disabled lift was broken I missed medical appointments.

Before mediation I signed an agreement to share a lump sum settlement. After signing the agreement my oncologist persuaded me to go to a psychiatrist for reactivation of my PTSD. I have resisted for months because I do not like psychiatrists. My original PTSD was caused by being trapped in a walk-in refrigerator at Denny's restaurant.

The PTSD was under conrol for over a decade. Agreeing to psychiatric treatment will be expensive. My attorney went to mediation without including my oncologist's records in which the oncologists verifies my PTSD has been reactivated.

If a fixed amount to-be-shared money is awarded I am afraid I will not be sufficiently awarded for psychiatric care OR other plaintiffs will get too little.

1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: You have an attorney. He should be able to answer all your questions. If you have a difference of opinion about whether your psychiatric problems should have been included in the mediation, tell him that. If you are not satisfied with his explanation, tell him that you want to get a second opinion from another attorney. I do not want to speculate any further.

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