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In recent years, people have been moving away from court trials in personal injury lawsuits. Instead more and more people are opting for dispute resolution through mediation. Most of the injury lawyers in Orillia and insurance companies are realizing the inherent benefits of mediation in resolving personal injury claims. In most cases, mediation is opted when there is impasse between the plaintiff and insurance company over the claim amount.
Reaching a settlement has multiple benefits for both the parties albeit, the insurance company, and the plaintiff. For the plaintiff the legal process will be expensive and the time period of the courtroom trial can span a few years, before you get the compensation. While for the insurance company, the chance that the judge and jury might award the accident victim a higher compensation than what the plaintiff might agree to settle out-of-court. That is when mediation is a viable option.
Mediation in personal injury claims
When parties in a dispute sit down with an unbiased and trained third person, to sort out the differences and come to a mutually agreeable solution, it is mediation. And it is a voluntary option when both sides ask for it to ensure that a faster settlement is reached, than the case going for trial. The role of the mediator is limited and he/she does not give opinions or take decisions. If both the parties cannot settle for a solution, the case retains the status quo, before the mediation. Usually, the cost of mediation is split between the two parties and is an informal process.
Full-time mediators are professionals with legal background and experience in mediation. Usually they are retired judges or lawyers and charge a fee while handling a variety of disputes, not just limited to personal injuries. In personal injury claims, mediation is an assisted negotiation process, where the mediator listens to the arguments of the parties, looks at the evidences ad then discusses with each party to reach a satisfactory conclusion.
In many cases, mediation is ordered by the court before bringing on the lawsuit or agreed by the parties in dispute. This process includes the professional to make suggestions, ask questions and tries to draw insurance company and the injury lawyer representing the victim to reach a mutual agreement.
If you have been injured in an accident due to the negligence or carelessness of another individual, irrespective of the nature of your injuries, you are eligible for the claim for damages. However, as the insurance companies try to low ball you on the claim amount, it is good to consult with an injury lawyer before you file a claim. From dealing with the insurance adjuster to representing your interests in court, if the mediation does not work out, a good lawyer in your corner is an asset.