Preparing for a Personal Injury Mediation
During the personal injury claims process, parties may decide to try resolving the case through mediation. Mediation can also be involuntary. The court can order parties to try and resolve the case through mediation before proceeding to trial. Mediation can offer a means to achieve a settlement without going to court, potentially saving time and money. However, it is crucial to prepare well to maximize the chances of the mediation process succeeding. This article provides a guide to preparing for personal injury mediation.
Understanding Personal Injury Mediation
Mediation happens after you have filed a personal injury claim before the case goes to trial. With mediation, you and the defendant agree to meet with a mediator who facilitates the discussion. The mediator is a neutral third party, which means they don’t favor any party. Before you even begin preparing for your personal injury mediation, it is crucial that you understand the process of mediation. The following are the basic steps of the mediation process;
- Opening statements: The mediator starts by explaining the process, rules, and goals of the mediation process. Then, you and the defendant will get to present your side of the story.
- Joint discussion: After opening statements, you and the defendant can talk to each other, with the mediator guiding the discussion.
- Private meetings: If necessary, the mediator will meet privately with you to explore your positions, concerns, and interests. Then, they will do the same with the defendant.
- Negotiations: Using the information from the discussions, the mediator will help you and the defendant negotiate towards a settlement. The mediator may go back and forth between you and the defendant, sharing offers and counteroffers.
- Resolution or adjournment: If an agreement is reached, a formal settlement agreement will be drafted. If no agreement is reached, you will adjourn and decide what to do next, which may include going to trial.
Preparing for Personal Injury Mediation
Taking time to prepare for your personal injury mediation is crucial to increase your chances of achieving a favorable outcome. The following are some of the things you need to do to get ready for your personal injury mediation;
- Gather and organize all evidence or documents relevant to your case, including medical records, police reports, witness statements, and photos.
- Review the facts of your accident and injuries. Be clear on what happened and how your life has been affected.
- Calculate your damages. In order to negotiate a fair settlement, you must know your total damages. Calculate economic damages, such as medical expenses, property damage, and lost wages and non-economic damages, such as pain and suffering.
- Set your goals. Think about what you want to achieve. Determine the compromises you are willing to make. Having clear goals can guide your negotiations.
- Consult an attorney. An attorney can provide valuable guidance on legal strategy and how to present your case.
- Anticipate the defendant’s arguments. Take time to understand the defendant’s perspective and prepare your rebuttals.
Contact Us for Legal Help
If you need help with your personal injury claim, do not hesitate to contact our Miami personal injury attorneys at The Pendas Law Firm. We are committed to helping you reach a fair resolution of your case so that you can move forward with your life.
The Pendas Law Firm also represents clients in the West Palm Beach, Fort Lauderdale, Fort Myers, Daytona Beach, Ocala, Orlando, Tampa, Jacksonville, Bradenton, Naples, and Melbourne areas.
