We have talked before about how settlement conferences or mediations work and what to be aware of (Settlement-Mediation-Arbitration and Managing Your Money). One of the concerns is whether or not you are physically up to sitting in a conference room for up to an entire day. The reason that you are in a lawsuit is because you were injured in an accident (or possibly because of medical malpractice). You may be taking narcotic medications on a regular basis to manage your pain. It is even possible, sad as it may seem, that you have become addicted to narcotic pain medications as a result of your injuries. If this is the case, and you are aware that you have a problem, you need to get help, and the treatment for your addiction may add to your monetary damages in the underlying case. But, I digress.
My point here is that your attorney may ask you to NOT take any pain medication on the day of your mediation. Your attorney will explain that you need to have a “clear head” and that the mediator will ask you if you are taking any medications or are under the influence of any substance or being coerced in any way. However, this demand for you to stay “off your meds” may have dire consequences for you. A day of mediation is exhausting, mentally and physically, for someone in the best of health. If your pain is not managed, you will be less able to think clearly, not more. As the day wears on, and you get more and more uncomfortable, you will be more likely to give in to an inadequate offer of settlement. You will be more easily “convinced” by your attorney (whose possible motives we have already questioned) to accept an inadequate settlement.
In my opinion, you should not give in to a demand that you don’t take pain meds unless you really believe you will be okay without them. If you cannot sit an entire day, or more than an hour at a time, you need to tell your attorney that you need to have a 15-minute break every hour, that you absolutely cannot go more than half a day at a time, or whatever limitations you need in order to get the job done. If you know that you function perfectly well while on your meds (and your doctor agrees) then you should take your meds and be honest about it. And if you need another dose after the requisite period of time, take it. You are not required to “suffer in silence” to get the case settled. Stand up for yourself and let your attorney know what your needs are. Don’t be bullied…don’t check your common sense at the door.
