Helping Clients secure Compensation for their Injuries, medical Expenses and emotional Pain in NJ
The Alternative Dispute Resolution method of “Mediation” is often thought of as an alternative way for resolving divorces. While this is certainly true, mediation is also becoming a common approach for resolving personal injury claims as well. It offers many of the same advantages it does during divorce in the personal injury claims process as well, and can often be a much less stressful, time-consuming, and informal way for securing personal injury compensation for injury victims.
Whether you have been involved in a car accident, truck accident, construction accident, a slip and fall, ladder or scaffolding accident, an accident on a dangerous premises, or any other kind of accident caused by the reckless or negligent actions of another party, personal injury mediation may be an attractive alternative for helping you secure compensation for your medical expenses, lost income, and physical and emotional pain and suffering.
For this reason, it is important that you understand the personal injury mediation process, what it involves, and why it may be advantageous in your unique situation. Let’s take a look.
What Is Personal Injury Mediation?
Personal injury mediation is a much more informal process than traditional personal injury litigation as all discussions and negotiations take place outside of the courts. It is also often less contentious and less time-consuming as parties entering into mediation do so with the intent of finding a middle-ground resolution to the personal injury claim at hand.
During the personal injury mediation process, a third-party will be hired to act as a neutral and impartial mediator. This mediator is usually a former judge, a personal injury lawyer, or someone familiar with the personal injury process. This mediator will listen to both sides of the personal injury claim, and work with the parties to find a solution which meets both of their needs and concerns without resorting to a more expensive and lengthy trial and jury decision.
While the goal of the personal injury mediation process is to ultimately reach a settlement of some kind, it is important to remember that entering into the mediation process doesn’t mean you have to accept a settlement if you are unable to achieve a result that is fair, and accounts for your financial needs and damages. If your mediation is unsuccessful, you can still bring the matter before a court, and let a jury decide the matter for you.
When Should I Mediate My Personal Injury Claim?
There are two potential scenarios in which you may take part in the personal injury mediation process. The first is when you and the liable party are willing to discuss your specific needs, issues, and concerns openly with one another, and work towards finding a solution acceptable to both sides. The other scenario in which you may participate in personal injury mediation is when a judge orders mandatory mediation before sending your claim to trial court. This can occur if the judge believes there is potential for resolving the claim without the expense and time of a trial process.
However, if the insurance company is proving exceptionally difficult to work with or negotiate with, or if you are adamant about securing the maximum possible compensation for your personal injury claim, then personal injury mediation will most likely not work for you.
For more information about whether or not personal injury mediation may be beneficial to you and your personal injury claim, speak with your Mercer County personal injury attorney regarding your options, potential outcomes, and best next-steps.
What Should I Expect during the Personal Injury Mediation Process?
When you enter into the personal injury mediation process, the mediator will ask both sides to draft and present a “mediation statement”. This mediation statement will outline the case and the facts as each side sees them, and provide an initial starting point for the mediator.
The mediator will then ask both parties to present their position and concerns verbally to the other party at a scheduled mediation meeting. Following this, the mediator will discuss these positions and issues with each side, either all together or separately, and then work towards helping both sides find an acceptable and fair solution. If successful, the mediator will draft a document outlining the specifics of the settlement offer, obtain the signatures of both parties and their attorneys, and submit this document to the courts as a formal settlement agreement.
However, it is critical that you remember that while mediation may be a more informal and relaxed process than traditional court litigation, it is still extremely important that you are careful with what you say, and how you say it. This is one of the many areas that your Princeton personal injury attorney can be of great assistance, as they will be able to walk you through exactly what kind of questions to expect, and how exactly to answer them in order to ensure that you receive the best possible settlement offer.
Mercer County Personal Injury Attorneys Secure Financial Compensation
At Kamensky, Cohen & Riechelson, our personal injury attorneys have been helping clients across Trenton, Princeton, Hamilton, Lawrence, and the greater Mercer County area to successfully resolve their personal injury claims since 1972.
Insurance companies across the state know that we are always prepared to go to trial and present strong and well-crafted arguments, and as such are usually much more inclined to negotiate with us than they would be otherwise. With that being said, whether through negotiation, mediation, or trial verdict, our one and only goal is to ensure that you receive the compensation you need and deserve for your injuries, compensation which allows you and your family to regain financial security and stability.
To speak with our firm today in a free and confidential consultation regarding your accident, your options for securing compensation, or whether or not personal injury mediation may work for you, please contact us online, or through our Trenton, NJ office at (609) 528-2596.