Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we finally had mediation a month ago. It was through zoom for me, but my lawyer was there with the mediator and other attorneys in person for hours. My lawyer called me at the end of the day and we agreed verbally on the amount. He said I should have the agreement form the next day, but that kept getting delayed. Now after a month, all I have regarding the settlement is just my lawyers verbal word and have yet to see any documents. Each week when I check in, he says he is still waiting for the other party to send in the agreement form, and that he has a call that Friday with them. This has happened 3 weeks in a row.

This is a personal injury case against a doctor as well as the company he worked for in CA

4 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Insurance co's often DELAY with payments. If they do it on your case and thousands of others they get the FLOAT on the money.

there is an overnight value for money.........and they are using your money.

suggest your lawyer gives them a time limit demand.....if s/he doesn't think s/he will lose the good offer.

Patrick William Steinfeld agrees with this answer

Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: The legal process moves very slow. It doesn't sound like the problem is your lawyer. He is waiting for the draft from opposing counsel. Once he receives the draft he may request changes. This all takes time. Hang in there and keep checking in with your lawyer.

Eric Gene Young
Eric Gene Young PRO label
Answered
  • Medical Malpractice Lawyer
  • Santa Rosa, CA
  • Licensed in California

A: Waiting a month or longer after mediation to receive a settlement agreement is quite common, as frustrating as it can be. Most mediators who are worth their salt these days will have the parties and/or counsel execute a written memorandum of understanding or binding confirmation of agreement, a sort of temporary, though enforceable, agreement that stands in until the full and final settlement agreement is prepared and executed.

Hopefully, your attorney has not dismissed the case yet. Presuming that has not occurred, I concur with the recommendation that you tell your attorney you want a deadline to produce the settlement agreement given to the other side's counsel, or no deal.

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