Is there anyway to appeal an arbitration ruling and other questions?

Riker0007

New Member
Jurisdiction
California
Hello.
Case involves auto accident (rear end-resulting in two implants in my neck.
Insurance says I had chronic issues and was low impact; they claimed 4mph mine said 6.9mph. I had no symptoms or seen a doctor in over 9.5 years for my neck. Insurance claimed surgery was not necessary.
Arbitrator disregarded egg shell rule and stated in ruling that although accident did result in an injury, he doesn't think it cause the need for surgery. Awarded me nothing by the time I pay surgery and everyone else.
Also it turns out that the insurance defense council worked for this arbitrator, appeared to have had biased with my surgeon and accident recon experts from prior cases. (Should he not have recused himself)?
Also, pressured my attorney to not have my wife testify due to time restrictions (stated he wanted to finish the case in one day).
Gave me shit because I did not wearing a suit; I asked my lawyer what to wear.
Other notes:
My attorney disclosed my award to a third party that I found out about
My attorney forgot/failed to provide my physical therapy records to defense and so they were not accepted.
Had a failed mediation prior to surgery. Then did surgery. Apparently after surgery I was offered a settlement that I do not ever recall my attorney telling me about, until it was too late and then he finally sent me the offer via email.
6.5 years dealing with this due to insurance messing around, covid and sched issues with insurance's council.
Is there legal malpractice in any of this?
Finally,
After this ruling I'm beginning to question if I really did needed surgery based on insurance companies two experts state it was not necessary. And I still have my symptoms and they are getting worse.
Is there a medical malpractice issue here?
Any thoughts or suggestions would be great. I'm only able to work 50 percent.
 
Last edited:
Hello.
Case involves auto accident (rear end-resulting in two implants in my neck.
Insurance says I had chronic issues and was low impact; they claimed 4mph mine said 6.9mph. I had no symptoms or seen a doctor in over 9.5 years for my neck. Insurance claimed surgery was not necessary.
Arbitrator disregarded egg shell rule and stated in ruling that although accident did result in an injury, he doesn't think it cause the need for surgery. Awarded me nothing by the time I pay surgery and everyone else.
Also it turns out that the insurance defense council worked for this arbitrator, appeared to have had biased with my surgeon and accident recon experts from prior cases. (Should he not have recused himself)?
Also, pressured my attorney to not have my wife testify due to time restrictions (stated he wanted to finish the case in one day).
Gave me shit because I did not wearing a suit; I asked my lawyer what to wear.
Other notes:
My attorney disclosed my award to a third party that I found out about
My attorney forgot/failed to provide my physical therapy records to defense and so they were not accepted.
Had a failed mediation prior to surgery. Then did surgery. Apparently after surgery I was offered a settlement that I do not ever recall my attorney telling me about, until it was too late and then he finally sent me the offer via email.
6.5 years dealing with this due to insurance messing around, covid and sched issues with insurance's council.
Is there legal malpractice in any of this?
Finally,
After this ruling I'm beginning to question if I really did needed surgery based on insurance companies two experts state it was not necessary. And I still have my symptoms and they are getting worse.
Is there a medical malpractice issue here?
Any thoughts or suggestions would be great. I'm only able to work 50 percent.
Arbitration FAQ | Superior Court of California - County of San Diego.
 
Arbitrator....

Why were you in arbitration for an auto accident case?

Also it turns out that the insurance defense council worked for this arbitrator

Why didn't you seek to recuse the arbitrator?

appeared to have had biased with my surgeon and accident recon experts from prior cases.

What does this mean?

Is there legal malpractice in any of this?

If your attorney failed to disclose important evidence to the other side and that resulted in the evidence being excluded from arbitration, that might constitute malpractice.

Is there a medical malpractice issue here?

No one here could possibly have the slightest idea.

Is there anyway to appeal an arbitration ruling

If it's non-binding arbitration, then it can be disregarded. If it's binding arbitration, you'd have to seek to have the ruling set aside, and the grounds for doing that are extremely limited.
 
Yes auto accident.
My attorney told me they had some cases in the past that where ok. Did not know I could say no.
At the arb, when my experts where stated to testify, he made it sound like he had dealt with them before and I guess it was how he said it.
It was my physical therapy records. From after the surgery. My attorney admitted it at the arb that he made the mistake and not getting them in time so they where excluded.
He also did not tell me about the settlement offer until too late then sent me the email offer trying to cover himself.
What are the grounds for setting aside a binding arbitration?
I don't get how he can just set aside what would be jury instructions on the egg shell rule?
Thanks for the response.
 
Yes auto accident.
My attorney told me they had some cases in the past that where ok. Did not know I could say no.
At the arb, when my experts where stated to testify, he made it sound like he had dealt with them before and I guess it was how he said it.
It was my physical therapy records. From after the surgery. My attorney admitted it at the arb that he made the mistake and not getting them in time so they where excluded.
He also did not tell me about the settlement offer until too late then sent me the email offer trying to cover himself.
What are the grounds for setting aside a binding arbitration?
I don't get how he can just set aside what would be jury instructions on the egg shell rule?
Thanks for the response.

It appears, according to your recitation of event revealed above, that you have (or had) an attorney. I suggest you pose your questions the your former attorney that may have caused your problems/issues.

Information received from uninvolved strangers would do little to address your difficulties appropriately.

Too many cooks spoil the broth.
 
It appears, according to your recitation of event revealed above, that you have (or had) an attorney. I suggest you pose your questions the your former attorney that may have caused your problems/issues.

Information received from uninvolved strangers would do little to address your difficulties appropriately.

Too many cooks spoil the broth.
Thanks for your reply.
Yes I did. Says there is nothing that can be done. I believe he realizes his mistakes but there appears nothing can be done. He admitted he mistakenly did not get my physical therapy notes and provide them in time and NOW is saying my type of accident is unpredictable in the outcome from an arbitrator; totally different than what he has been saying for the past 5 plus years. And everything that the insurance company sent him, he forwarded to me except the offer after my surgery. Only did he send it to me not in time and says we talked about it when we did not. I never knew about this offer. I guess I just don't get how the arbitrator can claim that I was injured in the accident but that my injuries did not warrant surgery when I had two opinions that did. Still, there appears to be no way to contest this judgement? Just now I'm 50 percent disabled.
 
Just now I'm 50 percent disabled.

Isn't 50% disabled BETTER than being 100% disabled and incapacitated?

Sure, you might get a few more dollars, but would that be worth living your life in pain, unable to do much more than sit on your couch or sleep all day?

Count your blessings, citizen, be grateful you're NOT fully disabled.
 
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