Role of Mediation in Pedestrian Accident Cases
Mediations, as they pertain to pedestrian accidents, occur when both the injured pedestrian and the driver go to a third-party mediator, generally an attorney or a former judge. The mediator tries to bring both sides to a settlement agreement and avoid a trial. The role of mediation in pedestrian accident cases is to mitigate the risks and uncertainties of a trial.
If you have been injured, a pedestrian accident lawyer could help you recover compensation through a mediation process and fair settlement.
In pedestrian accident mediations, the mediator is usually an attorney who is trained for specific dispute resolution; other times they may be a retired judge. One side will call the mediator’s office and inquire about available dates, and then they will figure out a date that works for both parties.
Some important steps in preparing for mediation on the attorney side include knowing the case forward and backward, knowing if there are any liens, knowing what all the outstanding bills are, and everything about the case to make sure they are getting everything paid for.
The insurance company is going to have the case evaluated before they go to mediation. They will have a settlement number that they are willing to pay, and that will be their final number.
Injury attorneys approach mediation by having a mediation statement for the mediator to read through so they are educated on the case before the mediation starts. They will have all the medical bills lined up and draft an example settlement summary. They will look at other cases on verdicts and settlements on what a fair range is for that type of case.
Pros and Cons of Mediation
The biggest drawback to mediation is the cost. Most mediators charge an hourly fee, and both sides will split the bill They usually do a three- or four-hour minimum charge for a hefty mediation – it is usually about $1,000 for each party. Mediation is not necessary unless the parties are just completely unwilling to settle their case.
The benefits of mediation as opposed to court ae that the case gets settled, but it might not be a number that both sides are happy with. They do have more control of the final settlement number versus what a jury may do. The jury may award less or significantly more, but it takes the risk out of it, and the future cost of going to trial.
Reach Out to a Pedestrian Attorney Who Understands the Mediation Process
If you are interested in settling a pedestrian accident case outside of court, it may be helpful to reach out to an attorney who is familiar with the mediation process. An experienced lawyer could explain the role of mediation in pedestrian accident cases and work to reach a settlement that is advantageous to the plaintiff. You do not have to leave your potential compensation in the hands of twelve jurors. Reach out to an attorney today to learn more.