If you were in a car accident in California, and want to pursue a personal injury case, then you’re probably aware that your case could end up in court.
But, before you commit to a costly litigation battle, you should consider mediation personal injury claims as a possible alternative.
Mediation allows you to explore settling with the other side without the stress and expense of going to court.
What Is Mediation?
Mediation is a way parties can directly engage with a personal injury claim and attempt to reach a compromise with the help of a neutral third-party mediator.
Mediation is a less formal meeting than a court hearing, and it can either be chosen voluntarily or ordered by a court.
The third-party mediator guides the negotiation, identifies areas of disconnect between the parties, and helps them understand where they may be able to compromise.
Personal Injury Mediation
As with most types of lawsuits, mediation for personal injury claims is common. Litigation is often expensive, time-consuming, and emotionally draining. Personal injury mediation, on the other hand, often offers a cheaper, faster, and easier way to resolve a claim.
When a mediator is selected, each side will coordinate a date and time for the mediation. Both parties and their attorneys attend. The mediator explains the process and gives both sides a chance to explain their point of view.
Although every mediation differs, the sessions often have the same basic structure.
The parties can present their case to the mediator as they would in an opening statement at trial.
There are no rules on how each side may present facts, and nothing either party says during personal injury mediation may be used in court or later negotiations after mediation is complete.
Each party will also get the opportunity to speak alone with the mediator. Some mediators even allow parties to talk directly to each other, with the mediator facilitating the exchange. In many cases, these conversations happen face-to-face.
If conversations are too heated or unproductive, the parties may go into separate rooms. The mediator delivers messages between the two parties to facilitate a back-and-forth discussion. The mediator uses all of the information gathered to find a compromise between the parties.
If there is enough compromise, the parties will settle. The paperwork will be drafted, signed, and delivered to the court. If mediation is unsuccessful or either side leaves the session, the plaintiff may need to proceed to trial.
When facing a lawsuit, some insurance companies may decide going to court is not worth the risk and may choose to offer a settlement.
However, insurers have a dedicated team of lawyers to fight and defeat injury claims. Having an attorney by your side during mediation is the best way to protect your rights.
Mediation | Personal Injury Claims Lawyer
At Peerali Law, our team of experienced attorneys can help you navigate mediation and advocate for your best interests. We know how mediation works and what it takes to achieve a fair settlement for our clients.
Whether you want to try mediation or need to take your case to trial, the attorneys at Peerali Law will protect your right to seek compensation every step of the way.