FAQ About Personal Injury Mediation

Benefits of litigating

A personal injury case is an example of a civil lawsuit, the number one type of which involves car, truck, and motorcycle accidents. A personal injury claim is made by someone who has been injured by another person, usually by way of accident or negligence.

Did you know that medical expenses account for up to 62% of all personal bankruptcies? To cover any medical expenses required as a result of the accident, the plaintiff, or injured party, is usually looking to receive compensation from the defendant.

As many as 96% of personal injury litigation is settled through mediation services, giving the plaintiff a chance to settle before trial.

Frequently Asked Questions About Personal Injury Mediation

  1. Should I meet with my lawyer ahead of time?
    It is essential that you meet with your lawyer prior to mediation to prepare. Make sure your attorney knows your ?bottom line? settlement so that you are both on the same page regarding your anticipated outcome. You and your lawyer should work together to come up with an appropriate settlement number, keeping in mind your attorney?s fees that will need to be deducted from this amount.
  2. Who will be at the mediation?
    In attendance will be you, your lawyer, the defendant?s lawyer, an insurance adjuster from the defendant?s insurance company, and the mediator. It is unlikely that the defendant will be there since he does not have any say over the final settlement amount. His lawyer will be representing him and his insurance adjuster will have negotiating power when it comes to the settlement.
  3. What is a mediator?
    A mediator is a lawyer who has no connection to either party. An effective neutral mediator is agreed upon by both your attorney and the opposing counsel. If the two attorneys cannot agree, the court will appoint an experienced mediator; however, this is not usually an ideal situation for either party. The mediator helps the parties compromise on a settlement, but has no say over the outcome of the lawsuit.

If you have been injured and are considering filing a personal injury claim, make sure you are fully prepared before your mediation session. Please feel free to post any tips or questions in the comments section below.

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