Donna, this is Kimi Lanford. It has been about a month since the defense filed a Request for Trial De Novo. Do you really think this will go to trial. You told us that juries are not giving good awards. Should we be trying to settle? Thank you.

Hi Kimi: The case is slated for trial, however, negotiations can always occur as we wait for the trial itself.  Trials for plaintiffs are more difficult and expensive since we will have to front the cost of having your doctors testify.  Typically, we will have to pay $5-10K in expert fees for most trials.  So, not only do you have to make up that extra cost in the verdict, our office takes 40%.  Mathematically, it’s difficult for plaintiffs do do better at trial for that reason and since most juries are more stingy. I think you and your husband are great plaintiffs who a jury would like, however, it doesn’t fix the math.  Do you and your husband have a bottom dollar in mind that may help us try to negotiate the case?  You can expect the adjuster is NOT willing to meet the level of money that the arbitration award did.  I hope this makes sense.

We really do not want to go to trial. My 86 year old dad is not doing well in Arkansas, and I need to go spend some time with him. We trust your judgement, so please go ahead and negotiate. I thought Garrell's award was fair. Perhaps you can lower mine some, but please do your best.

I’m very sorry about your dad.  How about I send you an email and you two can have the numbers in front of you.  I’ll run some scenarios so you can see how it looks.