Understanding Your Injury Case
Both you and your attorney must know the accident case very well before you attend a mediation. The mediation is a process wherein all attorneys and all parties join to discuss a possible settlement of all claims from all parties. Typically, the mediator is either a very experienced attorney or a very experienced (and retired) judge. The mediator is not free, unlike a Settlement Conference, but it is a great way to discuss every issue and how to end litigation all at once. The mediation will take about 3 to 4 hours and the mediator is paid by the hour.
In our experience 98% of all cases have settled through a mediator before both sides want to settle at some middle ground, rather than litigate for another year. Hence, an understanding of the case with your attorney can help both the client and the attorney.
What to discuss with your Attorney
The topics to discuss well in advance of the mediation are: damages, potential theories to be presented at trial regarding liability, causation of damages, and the real strengths and weaknesses of your case. Understanding all of these topics will guide the client, the mediator and the attorneys to reach an amicable resolution. The client must “know” their case in the sense that they must know the details of how much time they lost from work, how the accident affected their daily activities, and how the medical bills will be paid at the end of the case (either through the settlement, health insurance, and whether there are any liens on your personal injury settlement).
While this process can give you a big headache, this is the time when you have to discuss every potential issue with your client. Nobody asks to be involved in a motor vehicle accident, but once you are injured you have to mitigate your damages, weigh your options when going to trial, and ask yourself what result you would expect to walk away from the lawsuit.
Talk to a Tucson attorney today to receive a free evaluation of your case.