If you have suffered damages in a car accident, you are going to want to pursue a personal injury claim against the at-fault driver to recover compensation for your damages. When you are negotiating a settlement, you will probably hear the term mediation used. Many legal matters go through mediation before they advance to court.
Mediation is an effective and affordable approach for resolving legal matters. As far as a car accident goes, mediation is a process in which a trained mediator will work with you and the other driver’s insurer to reach a settlement outside the courtroom. Mediators cannot make either party do anything, and the issue is only resolved when all parties agree to the situation.
How Mediation Works
As an example, the insurance company cannot be forced to go into mediation. Mediation is not the same as arbitration of a car crash. But, if the insurance company will not agree to arbitration, mediation might be the best thing to try before you head into court to resolve the matter. Mediation usually gets underway with preliminary matters being discussed. Statements made during mediation cannot be admitted to court.
The rules surrounding mediation allows everyone to discuss the settlement freely without what they say coming back to haunt them if they don’t reach a settlement and the claim advances to court. You will most likely be required to sign a written mediation agreement that will outline the rules that are involved with the process. After the preliminary details are handled, you will be given the first chance to speak as the individual who is making the claim against the other party.
Giving Your Input
You can give your views on key matters, such as the liability or fault for the crash, the nature and extent of your damages, and your proposal for getting the claim resolved promptly. After all the parties have given their input and everything has been put out to consider, there will most likely be a back and forth discussion as a group or the mediator might become a back and forth diplomat to shuttle messages back and forth. He or she might speak with one side privately then go talk with the other privately, carrying new input and proposals back and forth.
The mediator will help each side see the other side’s view of the case, which is usually done in private meetings. As an example, the mediator might point out weaknesses in your claim that he sees, or he might give you an insight into how a similar claim would fare in the legal system. If using the shuttle method, the discussions will continue until there is an agreement reached or until it has been determined a settlement cannot be reached. Usually, it can be determined within an hour or so if a car accident claim can be resolved through mediation.
Consult With A Personal Injury Attorney
Will need to enlist the help of a personal injury lawyer to help you through mediation and through your personal injury claim for your auto accident. Get your free case evaluation today.
Additional Resources:
