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Mediation in a Personal Injury Case

The Attorneys at our Law Office Discuss Mediating a Personal Injury Lawsuit in Texas

In the movies and on television, the practice of law is usually done in courtrooms with a charismatic lawyer screaming out “Objection, Your Honor!” In reality, many methods exist to resolve a case and most are far less complex and stressful than taking the case to court. An expert personal injury lawyer begins preparing his or her case as soon as he or she takes it, but the purpose of building a strong case is not to go to court but to force the defendant or their insurer to reach a fair settlement without going to trial. More on this webpage
While an assertive attorney is never afraid to take the matter to court, most commonly, the best way to settle a case is through mediation.

If you have suffered a personal injury, mediation may be the best venue for you to seek restitution. The team of lawyers at our Law Office are here to explain mediation to you and help you decide if it’s the best option for settling your personal injury claim.

What is Mediation?

Mediation is designed to cut down on the amount of litigation by permitting attorneys for both the victim (plaintiff) and defendant to meet personally with an unbiased third party and see if the case can be resolved without going to trial. Both sides have the opportunity to present the evidence that would be used in court if the case comes to that.

Generally, the two parties in a lawsuit agree to mediation after the suit has been filed but before the trial is scheduled to begin. Both parties are then permitted an opportunity to assess how strong their case is in relation to the other party, so an agreeable settlement can be discussed and hopefully agreed upon. Mediation permits both sides to avoid the uncertainty and continued expenditure of a prolonged trial.

How Does Mediation Work?

The attorneys for both sides in a scheduled trial meet at a mutually agreed-upon mediator’s office. Usually, the mediator is a retired judge or attorney with a lifetime of expertise in the particular field of law: in this case personal injury. Both the plaintiff’s and defendant’s lawyers present their opening statements and general outline of their case to the mediator. He or she then sits down independently with each side to discuss the arguments they have made. The mediator then fluctuates back and forth to each side’s attorney, presenting arguments and counter-arguments. Finally, the mediator determines how he or she thinks the case will be resolved if it goes to court, and then uses this estimate to suggest an amicable agreement for both sides. If both sides can come to an agreement, then the trial is avoided and the case can be settled.

Is Mediation Right for You?

In real life, going to court isn’t as thrilling as reading a John Grisham novel. It’s a harrowing, stressful process that will consume a considerable amount of time and money before its resolved. Not to mention, you never know for sure what a jury is going to do, and settling guarantees compensation. We’re confident in our attorney’s ability to mold juries into sympathy for our clients, but there are never certainties in a jury trial.

That’s why we will employ mediation to resolve a case out of court. Our Law Office has been helping people resolve their personal injury claims for 20 years. We begin preparing for your case as soon as we take it, and we have a proven record of success in court. As a result, defense lawyers know better than to take us to trial and are often eager to go to a mediator. We know how to choose a mediator who will be sympathetic to your cause and then present the facts to the mediator in such a way as to grant you the best chance of receiving total compensation for your injuries.

If you or a loved one has been injured due to someone else’s negligence contact our experienced Texas personal injury lawyers today for a free consultation and find out what your options are – whether or in court or in front of a mediator.