If you or somebody you love has been injured due to the negligence of another person or entity, you may be considering filing a personal injury lawsuit to recover compensation for your losses. One route of dispute resolution for personal injury claims is mediation. Philadelphia personal injury attorneys and insurance carriers recognize the value of mediation and use the process frequently.
The basics of mediation in personal injury claims
In the mediation process, both parties in a dispute will sit down with a neutral third person (the mediator). The mediator will be somebody who is trained to help people come together to reach a mutually satisfactory solution for their problem. In many cases, mediators are former attorneys or judges with extensive training in personal injury law.
Until a personal injury lawsuit is filed, mediation is completely voluntary. This will only occur if both sides request it and any solution or settlement to the dispute will only be reached if both sides agree. The mediator in these cases will not make any decisions or give their opinion on the case. In the event the parties involved do not reach an agreement in the mediation process, they go right back to where they were before the mediation started.
It is important to point out that nothing either party says during mediation can be used by the other parties and later disputes pertaining to the case. In other words, what is said in mediation is not under oath or recorded for the court.
Benefits of mediation
Mediation can be a good way to break a stalemate in negotiations with other parties, including insurance carriers. There are several advantages to mediation. This process allows an injury victim to sit in the same room with an insurance adjuster or at-fault party. Essentially, this puts a human face to the claim that would otherwise just have been a file on somebody’s desk.
Mediation can also resolve a personal injury dispute much faster and at much less expense for the injured party. A personal injury claim can drag on for months or even more than a year without mediation.
Potential problems with mediation
There can be some drawbacks to using a mediator for these cases. Professional mediators can be expensive. This may become a factor, particularly if a claim is for a relatively low amount of money. If your case is against an insurance carrier, it may be more difficult to get the insurance adjuster to agree to mediation because this requires extra work on their part (including a personal appearance at the mediation session).
Contact an attorney for help with your case today
If you or somebody you love has been injured negligence of another person, you may be considering filing a personal injury claim to recover compensation. At the Ciccarelli Law Offices, we are fully prepared to help you with every aspect of a Philadelphia personal injury claim. We will pursue whatever means necessary to ensure you receive coverage for your medical bills, lost income, pain and suffering damages, and more. Our Philadelphia accident lawyers understand the value of mediation in these cases, but we will also be ready to take your case to trial if necessary. When you need a Philadelphia mediation attorney, you can contact us for a free consultation of your case by clicking here or calling (215) 228-0100.