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What is Mediation in a Personal Injury Claim?

Posted on behalf of Arnold Law Firm in

mediation-meeting-books-laptopsPersonal injury claims can sometimes take time to resolve, especially when the insurance company denies the claim or makes lowball settlement offers. Insurance companies make undervalued offers, because they know victims may be desperate for compensation to cover medical expenses and other damages. An experienced attorney can provide perspective regarding the potential value of your claim and a realistic estimation of how long the negotiation process may take.

When negotiations between the two sides fail, mediation could be the next option. Because mediation is often the last step before going to court to have a jury decide a case, representation by licensed attorney is recommended. Your lawyer will guide you through this process to protect your rights and pursue the maximum compensation for your damages.

When is Mediation Necessary?

If you were injured in an accident and the at-fault party’s insurance company has not offered a fair settlement, even after a series of offers and counteroffers, you and your lawyer may need to file a lawsuit and go to trial. 

At this point, the defendant may either decide to settle and agree with your demands or he or she may continue with the next step of the process: pre-trial and discovery. After this, both sides may need to go through mediation as the last step before going to trial. This is the final chance for both sides to agree on a settlement before the trial.

What Happens During Mediation?

Mediation has become a popular form of settlement because it saves both sides additional time and money that would otherwise be spent in a lawsuit. However, it only happens when both sides agree to go through this process.

In mediation, both sides agree to meet with a neutral third person known as the mediator, who is trained to help the two sides come to a mutual agreement. The mediator does not provide his or her opinion or make decisions, and a settlement can only be reached if both sides agree.

Most mediations for personal injury cases involve the following:

  • Each party will be allowed to speak to the mediator while the other party is present.
  • The two parties can speak to each other with the mediator maintaining control of the exchange.
  • Each party will get to speak to the mediator without the other party being present.

The mediator should not divulge any information given in confidence. For example, if one party publicly stated that he or she was demanding $100,000, and privately notifies the mediator that he or she is willing to settle for $75,000, this should not be revealed by the mediator.

What are the Advantages of Mediation?

One important advantage of the mediation process is that the insurance company will likely take your claim more seriously, especially if you have a lawyer with prior trial experience. Insurers will be more likely to settle before going to trial if they know you and your lawyer are serious about pursuing a lawsuit.

Another advantage is that anything either party discloses during mediation cannot be used later, should the two parties decide to proceed with the lawsuit. Both parties can be more relaxed with communications without the fear of hurting the value of their claim as it could in a trial.

The goal of mediation is to find a middle ground that both sides can agree on. You may not obtain every penny of compensation you want, and the insurer may agree to more than they intended to settle your claim.

Discuss Your Injury Claim with a Licensed Attorney 

If you plan to file a personal injury claim, having a licensed attorney with prior trial experience at your side is important. There are no guarantees in the legal process, but injury victims who hire attorneys often recover more compensation than those who do not.

Call the trusted Sacramento personal injury attorneys at the Arnold Law Firm for a complimentary consultation to discuss the details of your claim. Our attorneys have a wealth of experience and are prepared to take your case to trial to pursue maximum compensation.

Schedule a free consultation today by calling (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.