A trial in a court of law is not required in order to win compensation in a civil action. Many of these claims get resolved before that point, in an event known as mediation. In this situation, the two parties meet to determine a mutual resolution of the claim. Mediation in a Manchester pedestrian accident can be preferable to a court battle for several reasons. If you were injured while walking or jogging, speak to a seasoned pedestrian accident lawyer about how mediation might benefit you.
What is Mediation?
Mediation in a local pedestrian accident case is a voluntary means of dispute resolution in which the parties agree to meet with a mediator to work out a solution. A mediator is usually a retired judge or an experienced lawyer in the field of personal injury who tries to bring a dispute to a voluntary resolution.
Sometimes the parties in a pedestrian accident decide to resolve the matter using mediation instead of heading directly for a court trial. Before deciding on this, they generally must know several things about the case, including: what the insurance covers, what the damages are, who the experts might be, and what they could negotiate for in a settlement.
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Who Serves as the Mediator?
A mediator is usually a retired judge, or an active judge or attorney who handles numerous personal injury cases and knows how they work. The parties involved are responsible for selecting the mediator – however, there are no hard qualifications that the mediator must meet. They are generally well-respected in their field and can be trusted to act fair to both sides.
The cost of a traditional mediation is often free but some private mediators charge upwards of $400 or $500 per hour. In this situation, the cost is usually shared by both parties.
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Reasons Why Parties Choose Mediation
The most important event that can occur in mediation is that the case settles and resolves. Even if the case does not resolve immediately, one party could gain a better understanding of the other’s position, which allows them to evaluate their own strengths and weaknesses. It is usually a good idea to try and take ownership over a case’s resolution instead of relying on a court judge or jury to determine an outcome that might not be favorable to the injured party. In addition, mediation can save valuable time and cost less than the full price of litigation.
In certain situations, insurance companies approach mediation in good faith, looking to resolve claims. Other times, their goal is mainly to get information – to use it for discovery or to weaken the opposing party’s position.
A Lawyer’s Approach to Mediation
Injury attorneys should fill in a plaintiff on the parameters for the discussion before agreeing to mediate; including what should and should not be said. An attorney needs to make sure they have all of the available information when preparing for mediation of a Manchester pedestrian accident. This includes all of the injured party’s medical records, as well as knowing all the lien amounts and any collateral source offsets. They need to know everything that has gone on in the case and how it has impacted the plaintiff. Mediation can be fairly common and is a skillset unto itself. A lawyer should have tactics and strategies planned out in order to bring the negotiation to a fair and equitable resolution.
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Discuss Mediation in a Manchester Pedestrian Accident with Help from an Attorney
A severe accident can leave you tired and in too much pain to want to engage in the legal system. Working with a mediator can often be easier, quicker, and cheaper than opting for a full lawsuit. It also allows you to claim some autonomy over how your dispute gets resolved. Reach out to a local lawyer if you wish to learn more about mediation in a Manchester pedestrian accident.