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Kopykat

MyPTSD Pro
My lawyer called today for the work company case and said they’ll allow my medical to be paid by my insurance w no repercussions to me but the employer absolutely refuses to pay damages and time lost. And if I go to trial I will lose. So...I don’t even know anymore.
 

TTC18

MyPTSD Pro
My lawyer called today for the work company case and said they’ll allow my medical to be paid by my insurance w no repercussions to me but the employer absolutely refuses to pay damages and time lost. And if I go to trial I will lose. So...I don’t even know anymore.
That’s terrible! Why does the lawyer think you’ll lose?
 

Kopykat

MyPTSD Pro
Just bc of how the ruling w the arbitration went. She didn’t give me the reason why the ruling went that way. I suspect they used my mental health against me but I’m not sure, it could be I had a crappy lawyer. This whole time I’ve felt like no one has believed me and the place I worked made me feel like it was all my fault.

I can see why abuse victims have a very hard time coming forward, no one believes them and blames them instead.
 

Sideways

Sponsor
Just bc of how the ruling w the arbitration went. She didn’t give me the reason why the ruling went that way.
Ask for a copy of the decision, either from your lawyer or the arbitrator. That way you will know, straight up, exactly why they ruled the way they did.

I think that’s probably important before simply engaging a new lawyer more willing to pursue your case. I know it’s not what you want to hear (because you’re absolutely right - the decks are stacked against us abuse victims in court)...but...

If your lawyer has decided that probably a court case would go the same way that the arbitration did? They’re doing the right thing by you by deciding not proceed further.

There’s a tonne of reasons, that don’t necessarily relate to you, why your case may unlikely to suceed in court. If a lawyer decides your case is unlikely to be successful? It would be unethical for them to proceed simply because you’re ready to keep fighting.

Being unsuccessful in court bankrupts people every day of the week, and puts them through an incredibly stressful, drawn out experience with a terrible outcome.

I’m not saying it’s time to let it go. But definitely get your hands on a copy of the arbitrator’s decision before you decide what to do. Fighting in court, on a case that you may not be able to win? Would be a devastating experience, personally and financially.

If your lawyer is prepared to go back to the other side with a counter-offer? That may be a good way to resolve this...?
 

IceQueencop

Confident
@Kopykat - your medical SHOULD be paid by your insurance w/o repercussions to you, but if something happened to you at work, the employer is also responsible for that. I’m sorry you’re going through this.
 

Kopykat

MyPTSD Pro
I have left messages for my lawyer, email and phone. She hasn’t been the best at getting back prior to this so I’m not sure when I’ll hear from her again.

I will work on getting a copy of the arbitrator’s decision, thank you for that recommendation. I know they’re supposed to go back to court in March but my attorney wants to settle out before then.

I also just got notice my house is being foreclosed on and will be kicked out on or before March.

I don’t want to drag out a court battle, honestly this has easily been the worst 2 years of my life. I’m a very passive person and it’s taken a lot for me to stand up and submit court proceedings, grievances and other things against my former employer. I still have nightmares, intense anxiety that swings to depression and suicidal feelings and I get it, to them, it’s nothing, they’re not going through it like I am, to me it’s just been a horrible 2 years of pain, surgeries, anger and sadness. I feel like I lost so much more than a cervical disc and some shoulder parts, mentally I feel like I regressed so much and I’m not sure how I’m alive. And I know no amount of money will make that better. I guess what I was hoping for was that maybe they would realize they’re running unsafe programs and people keep getting hurt, not just me.

I hate being the center of attention for anything and I feel like my passiveness probably kicked me in the ass a few times here and then when I did speak up no one listened.
 

Sideways

Sponsor
It sounds like you’ve still got room to negotiate - they’ve offered medical expenses, it would make sense to go back with an offer like “medical expenses + time lost” or a nominal amount for damages or something similar? Most (nearly all) civil claims settle informally, so you haven’t ‘lost’, yeah?

Sorry to hear about the foreclosure notice. It sounds like stressors are really stacking up at the moment, so remember to invest time in some self care if you can.
 

IceQueencop

Confident
@Kopykat - PLEASE contact the bank holding your mortgage regarding the foreclosure. Let them know what you are dealing with and ask what options you have.
There may be legal resources available to you regarding the foreclosure that are different from your work comp case. Do NOT rely on your current attorney to help you with the foreclosure. Lawyers see things as singular legal issues and do not tend to be holistic helpers.
If you have room in your house for a roommate, look into getting someone in that can help you make the mortgage. Make sure you do a background and reference check on them. That means asking them for their permission to run a criminal history through your state law enforcement office and asking the renter for references that you can call and talk to.

I’m sorry you’re going through this. I wish I had a magic wand that I could wave in your direction to help.

Hugs, IQC
 

Friday

Moderator
Being unsuccessful in court bankrupts people every day of the week, and puts them through an incredibly stressful, drawn out experience with a terrible outcome.
Yep. Ditto “successful” outcomes, too, where the court finds in your favor but the results don’t match the outlay (says the chick who went 80k in debt, to “win” a case a gag order prevents sharing the details on publically -to protect the victim, even though I’m the f*cking victim, I’m not allowed to even say I “won” much less against what-), and the end result is the same as if I hadn’t gone to court at all. 80k for worse than nothing.
 
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