How Does Mediation Work in a Personal Injury Case?

By seriousl September 5, 2022

The question of how mediation works in a personal injury case is often asked by many people injured or who have lost a loved one to an accident. The purpose of this article is to explain how mediation can help you win your case against the other driver at fault, and answer any questions you may have about what happens during the hearing of your injury case.

What is Mediation?

Mediation is a process in which a neutral third person (the mediator) helps parties involved in a dispute reach an agreement. Mediation is also referred to as “collaborative dispute resolution” or “conciliation.” It is applicable with disputes involving any size of business or private individual.

Any may opt to use mediation, whether they are the parties involved or not. If all parties agree to mediation, they will decide when and where the meeting will take place. If one party refuses mediation personal injury settlement, then it is up to the other party(ies) whether they want to continue with the process or not.       

What Can I Expect During Mediation in a Personal Injury Case?

Here are several things to expect during a personal injury mediation case:

Your Lawyer Giving You Guidelines as to What is a Reasonable Settlement

During a personal injury mediation case, your lawyer will tell you what is “reasonable” and “fair.” In other words, they will give you guidelines as to what amount they think you should settle for.

If the average settlement offered during mediation amounts to $10,000 and your personal injury lawyer NY tells you that this is all you can expect from them, then it means that there are no other damages that are due out of pocket from their side case.

If there were any other damages due out of pocket from their side of the case, then your lawyer would be asking for more than just the one-time fee for filing the suit and representation upfront at the beginning of a case.

Presentation of Evidence

Before presenting your case to the arbitrator, you will have to make a list of all witnesses, documents, and other evidence that is relevant to your case — this list is an “informational summary.” Lawyers like Poissant Nichols Grue Vanier & Babbie representing one party in a lawsuit may use this summary to help create a more thorough report for the court.

After you’ve prepared an informational summary, then you may present your case to the arbitrator. Presenting evidence in front of an arbitrator is similar to presenting evidence in court. You will have a chance to ask questions about any part of your case that didn’t make sense or wasn’t clear. You can also ask for more information about anything that wasn’t covered during mediation or hearings with the judge.

Attorneys Represent Both Parties

It’s common for the parties to have an attorney during this process.

If you’re representing yourself, it’s important to understand how mediation works so that you can make sure you are representing your interests throughout the process.

If you’re not sure what kind of representation you will need during your mediation, talk to a lawyer who specializes in personal injuries or wrongful death cases. If possible, try to get one who has experience with mediation cases, too.

You can also research the types of attorneys who specialize in this type of practice, including how many years they’ve been practicing law and whether they have any specialties related to mediation or other types of negotiation.

Negotiation and Compromise

You may have the right to pursue your claim completely, or you may choose to accept a less favorable outcome than what you originally wanted. Your attorney can help with this decision-making process by explaining how the process works and what it means for your case.

If you decide to accept less than full compensation for your injuries, you must understand why this is the best option for both parties. No one wants their client to end up paying more than necessary for their injuries because they were not willing to compromise.

After all, choosing New York personal injury attorneys is not always a simple task. But by working with the best in New York, there is little doubt that your overall settlement will be higher and that you will get more compensation for your injuries.

The personal injury attorneys at Poissant, Nichols, Grue, Vanier & Babbie can help even if you have already worked with another law firm or accident lawyer. Our goal is to help you find your best option for a legal claim and secure the compensation you deserve. As such, we are happy to advise you in any sort of case and offer our opinion on what the best legal option would be. Contact us today!