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If you have a personal injury case such as a car accident or slip and fall, you may be wondering if mediation is right for your case.
Mediation is a form of dispute resolution. It is a voluntary process in which the parties prepare and attend a conference with each other and an impartial mediator with the goal of determining whether a compromise settlement can be reached.
This is Rhode Island and Massachusetts personal injury attorney Mike Bottaro and in today’s blog, let me help you explore whether mediation is right for your case.
Should I Mediate My Personal Injury Case?
It depends. First, if you have a personal injury claim, it is in your best interest to consult with an experienced personal injury law firm as soon as possible after your injury. I have covered the reasons why you need to do this in many other blogs and here at The Bottaro Law Firm, LLC, we do offer free confidential 24/7 consultations via text/phone (401-777-7777) or web chat/form.
Second, your personal injury case is unique and so the decision as to whether to engage in mediation is one that our attorneys will closely review with you. Our job is to get to know you and your case to get you the best possible financial outcome!
Mediation costs you time and money. Therefore, it should only be considered at the right time. The starting point for mediation is after you have finished treating and we have an idea of the value of your case, and typically after other efforts to resolve your case have been unsuccessful. Before considering mediation, in the usual situation, my team and I do all we can to keep you out of court, out of mediation, limit your costs, and maximize your recovery as fast as possible. So, to consider mediation, there are usually unique issues to your case and potentially a breakdown in negotiation between attorneys or attorneys and insurance representatives. Other reasons to consider mediation is when your case gets to a point in the process where other costs or delays become inevitable on the horizon. For example, due to the COVID 19 pandemic, the Rhode Island and Massachusetts civil court system has become clogged, resulting in delays.
There are many important reasons for attending mediation. Most important, perhaps, is that mediation, if successful results in an immediate settlement for more money than previously offered. This means that while you may spend some time and money to attend mediation, you potentially gain the benefit of more money and an end to spending more time (and risk) on your case. In short, mediation is an opportunity to present your case and achieve a successful personal injury settlement.
Best Personal Injury Lawyer Tips For A Successful Mediation!
Once you make the decision to participate in mediation, there are several pieces of advice to maximize the opportunity for a settlement.
At my personal injury law firm, we believe in the power of preparation. We will spend time reviewing your case and carefully selecting a mediator we believe will be beneficial for your case. Next, we must prepare a memorandum on your case to share with the mediator and/or the other side.
Communication with you, our client, is important to us!
You should first prepare for the best, but also understand that your case may not settle at mediation. And that is ok. Mediation is part of the process where the parties learn more about the case, narrow the issues, and narrow the differences in the amount of money considered in a settlement. Sometimes, the insurance company we are fighting against will prefer this process and a resulting report from their representative before our settlement demands can be approved, or at least further settlement money approved, as your claim goes “up the chain of command.”
Next, we will teach you about how the process works so that you can trust in the process. One of the benefits of hiring the Bottaro Law Firm, LLC, is that we have been handling Rhode Island and Massachusetts personal injury cases for a long time. We are your spokesperson. It is important that you stay calm and allow us to take the lead, especially when there are other lawyers and insurance people in the room.
Finally, mediation works best in personal injury cases when you are realistic, prepared, and calm. Understandably, because you are the one who has experienced a personal injury, it can be difficult to view your case with an objective mind, appreciating the risks and costs with keeping your case unresolved. Mediation is extremely useful for you to listen to the other side’s position and the mediator’s views on your case.
You should know that while there are no perfect cases. Surprisingly often, those who think they have a “slam dunk” case lose, or win less than what they believed to be fair. And too, cases you may believe to be “weak,” may result in a better than expected result. But armed with these tips above, you will put yourself in a better position to move towards a successful settlement of your personal injury case.
It’s Good to Know Mike Bottaro – 24/7 Top Rated Car Accident Legal Help
At the Bottaro Law Firm, LLC, we handle all types of personal injury cases every day. Honesty. Integrity. Results. Our experienced legal team is here to fight for your rights. Contact us in any method you prefer 24/7 for a fast, free, and confidential consultation about your case. Text or call: 401-777-7777 or fill out our free and confidential online form.