Mediation in a Personal Injury Case
Mediation in a Texas Personal Injury Case & How The Mediation Process Works
In the event that a personal injury case cannot be settled via telephone or written correspondence, the plaintiff’s attorneys will take more drastic measures to resolve the case. As everyone is aware, the final destination of a personal injury case is often a jury trial. However, experienced attorneys know that trial is not the only option and they will seek alternative means of resolving the case.
The most prevalent form of alternative case resolution is mediation. Mediation provides the attorneys from both sides with an opportunity to meet in person and present all of the information that they intend to use at trial, should a trial come to fruition.
Generally, mediation occurs after the plaintiff’s attorneys file a law suit but before the trial is scheduled to begin. By meeting at this optimal time in the case, both sides have had an opportunity to fully investigate all aspects of the case and both sides are can equally feel the pressure of the pending trial (Trial is always a risky proposition in that the jury is made of people who are capable of making a flawed decision. In other words, anything can happen in a trial, and both sides assume some degree of risk).
Mediation is held at the office of a mediator, who is typically a former judge or retired attorney. The mediator acts as an unbiased third party that listens to both the plaintiff’s and defense attorneys in the opening presentation. Once both sides have presented their initial thoughts, assertions, and arguments, the mediator sequesters both parties in their own separate meeting rooms.
The mediator then meets with the defense counsel and discusses all of the arguments that the plaintiff’s counsel brought up in the opening caucus. The defense counsel will then counter those arguments and present some of their own. The mediator is fed confidential information to both parties as he goes back and forth between the two groups. Armed with this information, the mediator is able to guide both parties to reach a conclusion that is mutually agreeable.
The goal of mediation is to reach a fair settlement amount, thereby eliminating the need to go to trial. By settling a case outside of court, the clients are spared a great deal of grief, and we always try to resolve our client’s cases in the way that is most beneficial to the client.
However, we are a firm of trial attorneys and we will certainly try a case as necessary. Furthermore, because of our successful track record in trial, the defense counsel and the insurance companies they represent are more inclined to agree to settle a case outside of court.
How do you mediate a personal injury case?
What is the difference between mediation and trial?
What are the alternatives to trial?
How does mediation work in a personal injury case?
$70,000.00
$23,100.00
$600.00
$25,000.00
$8,250.00
$100.00
$1,450,000.00
$560,000.00
$31,410.00
$100,000.00
$37,272.00
$1,730.00
$75,000.00
$25,000.00
$100.00
$180,000.00
$38,333.00
$138.00
$25,000.00
$8,250.00
$100.00
$100,000.00
$33,000.00
$100.00
$30,000.00
$10,000.00
$500.00
$1,500,000.00
$5,000.00
$0.00
$125,000.00
$41,250.00
$5,000.00