When thinking of a lawsuit, we think “courtroom” and “judge”. However, there can be downsides of cases rushing straight to court or trial. Usually, going to trial is not the first method of litigation, according to Personal Injury experts. Lawyers with more experience have clients in mind, not the idea of pursuing unnecessarily long litigation. This is why Mediation exists. Mediation can resolve some cases more efficiently than if the case goes to trial.
WHAT IS MEDIATION IN A PERSONAL INJURY CASE?
“Mediation” is a necessary step in the Personal Injury process. However, sometimes trial is necessary to obtain justice for the client, and the case will go to court. Lawyers who rush clients out the door with a poor excuse for a settlement are not credible. It’s important for clients to see the red flags for what they are. Thus, a lawyer must do their due diligence when holding out for a fair settlement offer. One may never come. The lawyer must realize what’s fair to the client, and opt for trial under these circumstances. If the lawyer finds that the offers are consistently too low, this is when cases may see the inside of a courtroom. And for good reason.
WHEN IS GOING TO TRIAL NECESSARY FOR MY CASE?
Of course, sometimes a case going to trial is the only just option for the client. When a settlement offer is unfair or too low for the client’s pain and suffering, a judge decides. Two scenarios where a settlement offer may not be enough are TBI and Wrongful Death cases. While going to trial often take longer, sometimes the only way to properly recover damages for a client is in doing so.
Top law firms are not paper pushers, and when they advise accepting a settlement, it’s because the offer is legitimate and worthwhile.
WHAT IS ALTERNATIVE DISPUTE RESOLUTION “ADR”?
There are other methods of solving civil legal disputes. Alternative Dispute Resolution is the umbrella term for such methods. The ADR method we explore within this article is that of Mediation.
WHY IS EXPERT LEGAL ADVICE SO IMPORTANT?
Every aspect of a Personal Injury case involves careful, lengthy preparation. Personal Injury cases are time consuming for the entire legal team. They’re there for the client, 24/7. Work being done on the case doesn’t stop when the client leaves the office. It continues until compensation is awarded. This careful preparation comes from multiple types of experience: Mediation and trial. A lawyer who is advising their client to accept a settlement has their best interest at heart.
A client should never disregard “accept the settlement” advice because the offer seems “too small”. Top law firms are not paper pushers, and when they advise accepting a settlement, it’s because the offer is legitimate and worthwhile. On occasion, a lawyer will take a case to court or trial due to an unfair settlement offer, however, this is not an every day scenario.
If the lawyer is credible and trustworthy, their advice holds weight. This is why a lawyer holding Board Certification is a client’s best option. When a Board Certified lawyer advises the client to accept a settlement, they know “what’s up”. Personal Injury lawyers should always have their client’s best interest at heart. A client’s best interest is a key factor of what makes a great, not just “good”, lawyer.
WHAT IS THE FINANCIAL UPSIDE OF MEDIATION?
When lawyers choose to use the Mediation method of “ADR”, they are seeking a less expensive means of case resolution. However, resolving a case successfully is never about “saving money”. Reaching a suitable settlement with the insurance company is in everyone’s best interest. Mediation saves a client and their legal team many months or even years of legal proceedings. When a case must go to trial, the client may be looking at years before they see a penny of what the insurance company owes them. Despite every effort, some cases simply must go to trial.
Within Mediation the opposing parties work with a neutral third party. This person is called a mediator and they mitigate the dispute between parties. Unlike ADR method of Arbitration, Mediation is fair. During Mediation, the mediator does not have the final say in the dispute. Arbitration hurts Personal Injury clients and is not a safe method of ADR.
WHY AND WHEN TO CHOOSE MEDIATION
The “gold standard” law firms, those with at least one Board Certified Civil Trial Lawyer, see hundreds of mediations to successful resolution every year.
When it comes to Mediation, there are several reasons a Personal Injury lawyer chooses this method. A credible, ethical lawyer has their client’s best interest. If Mediation is the choice of a credible attorney, there is no need to worry about the resolution of the case. (Although, sometimes Mediation will not resolve the case, and it moves to court or trial). If something about the case is awry, the client should never worry a credible lawyer is unaware. The “gold standard” law firms, those with at least one Board Certified Civil Trial Lawyer, see hundreds of mediations to successful resolution every year.
If you’re skeptical, ask to see a law firm’s results page! A credible lawyer will never hide their results from clients. They’re always available on their website.
Some things to know about Mediation:
The parties and mediator (usually a retired judge) have control of where and when Mediation takes place. They also have control of who is present, and who finances it.
Mediation is usually voluntary. However, occasionally statutes or court orders by a judge may require Mediation. When this happens, a subpoena is issued and clients must consult their lawyer immediately. A subpoena cannot be ignored.
WHAT KIND OF SETTLEMENTS ARE AVAILABLE DURING MEDIATION OF MY FLORIDA PERSONAL INJURY CASE?
Next, we’ll look at the type of settlements available to a client. When lawyer and client accept a settlement offer, there are multiple ways they receive their compensation.
Lump-sum Settlement. This is a settlement a client receives all at once. The amount agreed upon is distributed at the conclusion of Mediation. The lawyers agree upon the amount of compensation and the victim receives their share in a single check. This type of settlement allows for massive debt accrued to be easily repaid upon conclusion of the case.
Structured Settlement. Client and lawyer consult and agree to receiving money in regular installments over a period of time. This type of settlement works if the client has another source of income or prefers to receive monthly installments to budget their finances.
WHAT HAPPENS AFTER MY CASE GOES TO MEDIATION?
Mediation is usually prompt, less expensive, and provides a satisfactory resolution.
Finally, once the Personal Injury law firm and insurance company reach an agreement through Mediation, it can be oral or written. The resolution depends on the parties’ legal preference. It also depends upon the reason for Mediation. Whether or not Mediation is legally binding depends on the state in which the agreement is made. Most Mediation agreements, however, are legally enforceable contracts. The Personal Injury law firm representing the victim knows the answers to specific questions in each specific case.
It’s important to discuss specific questions regarding a case with a lawyer prior to the day of Mediation. A client should fully understand what’s happening, and what not to say during Mediation.
Mediation is usually prompt, less expensive, and provides a satisfactory resolution. It allows for a fair offer of compensation to the client for their pain and suffering. Many Personal Injury cases resolve through Mediation, and trial will not be necessary. However, it’s important to remember that each case is unique. When a credible lawyer must choose trial, it’s for a very good reason.