Mediating Your Personal Injury Case
Car accident victims may have an alternative to taking things to court when the case won't settle. To learn more about how mediation could affect your auto accident case, read on.
What Is Mediation?
If you've been injured in a car accident that was not your fault, you are owed money damages by the other driver's insurer. In most cases, victims may settle the case but sometimes things don't work out that way. Rather than prepare for an expensive and time-consuming trial, mediation might allow the parties to settle things in a more casual manner. Mediation is overseen by a mediator experienced in auto accident cases, insurance, and legal matters. However, they do not make decisions about the case — that is up to the parties. Here is what else accident victims need to know about auto accident mediation.
Voluntary
Mediation is entirely voluntary and all concerned parties must agree and participate. That means you, your personal injury lawyer, the other driver, and the legal representatives for their insurance company must all participate. In most cases, each side shares the costs for the mediation process.
Mediation can resolve issues and allow the case to be more easily settled but it's not a legal proceeding. If the parties are not able to come to an agreement that can be turned into a legal settlement, they are free to take their cases to court. However, everything in mediation is confidential and cannot be used later in court.
How Does Mediation Work?
Here is how mediation works: Each side has the opportunity to present a brief that details the facts of the case from their point of view. The brief is your case summed up with mentions of damages, injuries, medical treatments, what you are owed, and why. Your lawyer will prepare your brief. Then, each side splits up into separate rooms. The mediator takes turns speaking with each side identifying the issues in disagreement and suggesting compromises. This process can go on all day if the parties are firmly dug in about the issues. The final outcome of mediation depends on the willingness of the parties to be flexible and their desire to avoid court.
If the parties come to an agreement, a settlement agreement is produced and signed. This agreement releases the insurer from any further obligations and prevents the plaintiff from taking the case to court. It mentions how much the victim will be paid, when, and how.
Mediation has become a convenient, more private, and more collaborative way to settle auto accident cases. Speak with your personal injury attorney to learn more.
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