Knoxville Personal Injury Mediation Attorneys
Experienced Representation During Personal Injury Mediation
If you have been injured because of someone else’s negligence, you may eventually be asked to participate in personal injury mediation. Mediation is a common way to resolve personal injury claims without taking a case all the way through a trial.
At Trammell, Adkins & Ward, P.C., we represent injured clients throughout the mediation process. We prepare thoroughly, evaluate the strengths and weaknesses of the case, and work to negotiate a settlement that fairly reflects our client’s injuries, damages, and losses.
Mediation can provide an opportunity to resolve a personal injury claim more efficiently while allowing you to maintain control over whether a settlement is accepted.
What Is Personal Injury Mediation?
Personal injury mediation is a settlement process in which the injured person, the insurance company or other opposing party, and their attorneys meet with a neutral third-party mediator.
The mediator does not decide who wins the case. Instead, the mediator helps both sides communicate, evaluate the issues, and explore whether they can reach a mutually acceptable settlement.
Mediation may take place before a lawsuit is filed or after litigation has begun. In many cases, mediation occurs after the parties have exchanged information and have a better understanding of the evidence and potential value of the claim.
How Does Personal Injury Mediation Work?
Although every mediation is different, the process generally follows several steps.
Case Preparation
Before mediation, your attorney should thoroughly evaluate your claim.
This may include reviewing:
- Medical records and medical bills
- Photographs and videos
- Accident reports
- Witness statements
- Insurance policies
- Lost wage documentation
- Property damage
- Expert opinions
- Evidence concerning liability
- The extent and permanency of your injuries
Your attorney should also determine an appropriate settlement strategy based on the facts and circumstances of your case.
Mediation Begins
The parties and their attorneys meet with the mediator. The mediator typically explains the process and the ground rules before giving each side an opportunity to present its position.
Your attorney may provide an opening statement explaining why the opposing party is legally responsible and why your injuries and damages justify the compensation being requested.
Private Discussions
A significant part of mediation may take place in private meetings between the mediator and each side.
The mediator may discuss the strengths and weaknesses of your case, the opposing party’s position, potential settlement ranges, and the risks associated with continuing to trial.
The mediator may also carry settlement offers and counteroffers between the parties.
Negotiating a Settlement
Settlement negotiations can involve multiple offers and counteroffers. A skilled personal injury attorney understands that mediation is more than simply making a demand and waiting for the insurance company to respond.
Your attorney should be prepared to explain the evidence supporting your claim and challenge arguments made by the opposing party or insurance carrier.
Reaching an Agreement
If the parties reach an agreement, the settlement terms are generally documented in writing. The settlement agreement should clearly identify the terms of the resolution and the obligations of each party.
If the parties cannot reach an agreement, the case may continue toward litigation and trial.
Why Is Mediation Used in Personal Injury Cases?
Mediation can offer several potential advantages over taking a case through trial.
Opportunity to Resolve the Case
Mediation gives both sides an opportunity to resolve the dispute without waiting for a judge or jury to decide the outcome.
Greater Control Over the Outcome
At trial, the outcome is ultimately determined by a judge or jury. In mediation, the parties themselves decide whether to accept a settlement.
Potentially Lower Costs
Continuing a personal injury case through trial can require significant time and litigation expenses. Resolving a case through mediation may reduce some of the costs and uncertainty associated with extended litigation.
Privacy
Unlike a trial, which generally occurs in a public courtroom, mediation is a private settlement process.
Avoiding the Uncertainty of Trial
Even a strong personal injury case carries risks. Witnesses may have credibility issues, evidence may be disputed, and a jury may view the facts differently than either side expects.
Mediation allows the parties to consider those risks when deciding whether a settlement makes sense.
What Happens If the Insurance Company Makes a Low Settlement Offer?
Insurance companies may attempt to minimize the value of personal injury claims. A settlement offer made during mediation is not necessarily an indication of the actual value of your case.
Your attorney should evaluate the offer in light of the evidence, including the nature of your injuries, medical treatment, future medical needs, lost income, pain and suffering, liability, insurance coverage, and other damages.
A low initial offer may also be part of the negotiation process. Your attorney can respond with evidence and arguments supporting a higher settlement.
Do I Have to Accept a Settlement at Mediation?
No. In general, you are not required to accept a settlement simply because mediation takes place.
Your attorney can explain the advantages and disadvantages of an offer and help you evaluate whether accepting the proposed settlement is in your best interests. The decision to settle is ultimately an important decision that should be made after considering the circumstances of your particular case.
Preparing for Personal Injury Mediation
Preparation can make a significant difference.
Before mediation, your attorney should understand the facts of your case, the available evidence, your medical condition, your damages, and the arguments the opposing party is likely to make.
You should also be prepared to discuss your injuries and how the accident has affected your life. This may include the impact of your injuries on your work, family responsibilities, daily activities, physical abilities, and quality of life.
Your attorney can explain what to expect and help you prepare for questions that may arise during mediation.
The Importance of Having an Experienced Personal Injury Attorney
Mediation is sometimes described as an informal process, but that does not mean it should be approached casually.
Insurance companies and defense attorneys often have substantial experience evaluating and negotiating personal injury claims. An attorney representing an injured person needs to understand the evidence, applicable law, potential damages, insurance coverage, and risks associated with continued litigation.
An experienced personal injury attorney can:
- Investigate the circumstances of the accident
- Establish liability
- Document your injuries and damages
- Analyze medical evidence
- Evaluate settlement offers
- Prepare a persuasive mediation presentation
- Negotiate with insurance companies and defense counsel
- Identify weaknesses in the opposing party’s arguments
- Explain the risks and benefits of settlement
- Help you make an informed decision about resolving your claim
When Should You Consider Personal Injury Mediation?
Mediation may be appropriate at different stages of a personal injury claim. In some cases, the parties may benefit from mediation before significant litigation expenses are incurred. In other cases, mediation becomes more productive after discovery has provided both sides with a clearer understanding of the evidence.
The right time for mediation depends on the circumstances of the case.
Cases involving car accidents, truck accidents, motorcycle accidents, premises liability, construction accidents, wrongful death, medical negligence, and other personal injury claims may be appropriate for mediation when the parties are willing to seriously consider settlement.
Personal Injury Mediation and Settlement Negotiations
Mediation should not be confused with simply negotiating a settlement with an insurance adjuster.
In mediation, a neutral third party facilitates communication between the parties. The mediator can identify areas of disagreement, help each side evaluate litigation risks, and encourage the parties to consider reasonable compromises.
Your attorney’s role is to protect your interests throughout that process.
The goal is not necessarily to settle a case at any cost. The goal is to determine whether a fair and reasonable resolution can be reached based on the facts and circumstances of the claim.
What If Mediation Is Unsuccessful?
Not every case settles at mediation.
If the parties cannot reach an agreement, the personal injury lawsuit may continue. Depending on the stage of the litigation, this could involve additional discovery, depositions, expert testimony, motions, and eventually a trial.
A failed mediation does not necessarily mean that your case is weak. Sometimes the parties simply have significantly different views regarding liability or the value of the claim.
Your attorney can continue preparing the case and pursue the compensation you are legally entitled to receive.
Talk to a Personal Injury Attorney About Mediation
If you have been injured because of another person’s negligence, the decisions you make during settlement negotiations can have a significant impact on your financial recovery.
Before agreeing to a settlement, it is important to understand the full extent of your damages and the potential consequences of resolving your claim. An experienced personal injury attorney can help you prepare for mediation, evaluate settlement offers, and negotiate on your behalf.
Contact Trammell, Adkins & Ward, P.C., today to schedule a consultation about your personal injury claim and learn how we can help you through the mediation process.