Zarzaur Law, P.A. TV - How Does Mediation in a Personal Injury Case Work?
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Attorney Joe Zarzaur defines “Mediation”
Attorney Joe Zarzaur defines “Mediation” in the personal injury case process. Unless you're a lawyer or you've been through a civil lawsuit, you probably don't know what the word “mediation” even means in the context of a personal injury case.
All Cases Used to Go to Trial
30 plus years ago, if a case did not settle you filed a lawsuit. Both parties went to the courthouse and the first time ever saw the other party and the lawyer together in the courtroom. Attorneys picked a jury, but no one wanted to be the first person to bring up a settlement because it seemed like a weak stance or weak position.
Why Mediation?
So, a lot of cases didn't get resolved. The courts began to think maybe we should break the ice and make it to where the parties don't bring up a settlement, but the court does. If both parties are forced to go and try to see if they can settle a case before they go to trial, then maybe cases will go away.
Mandatory Mediation
Courts started adopting mandatory mediation requirements in every lawsuit. Now virtually every judge requires that you go and mediate before setting a trial date. What does that look like? And what does that really mean in the context of a personal injury lawsuit?
How Mediation Works
After you file a lawsuit (which means you're that small percentage of cases that even required a lawsuit – around 5%-10% in the state of Florida), you will get an order from the judge, at some point in the case before trial, that says you have to sit down with the other party, usually at a lawyer's office. That lawyer is a mediator. The lawyer has to be certified as a mediator. The mediator is more like a referee and him, or she will basically, try to figure out if there's any room to settle the case. The mediator, you, your lawyer and the person you sue, and his lawyer, and usually an insurance company representative attend the mediation. The insurance company representative attends because at the end of the day, and in most of these cases, the insurance company is paying unless it's a products liability case where you sue the manufacturer of the product.
The Role of the Mediator
1. Hear the Position Statements from Both Parties: The mediator will first get everybody in one room, and they'll ask, what's everybody's position on this? The plaintiff attorney of the injured person will go first and tell the entire room, including the mediator, and the other side, why they think their case value is a lot more than what opposing counsel is thinking the case is worth.
The defense (another side of the case) lawyer will stand up and will say why he or she thinks the plaintiff’s case is not as valuable as they think it is.
The clients typically don't speak to this, but the one thing it adds is that the client, for the very first time in the case, gets to see it with their own eyes and ears and hear the other lawyer’s position and vice versa.
Watch The Entire Video Here:
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Social Media Accounts:
Follow us on Twitter: @zarzaurlaw
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Joe Zarzaur, the founder of Zarzaur Law, P.A., a Pensacola Personal Injury law firm, has created this video blog in an effort to educate the many citizens and visitors of Pensacola, Florida about their legal rights. Joe Zarzaur knows the ins and outs of Florida law and offers quality legal help whether you have experienced an auto accident/car wreck, have been a victim of medical malpractice, or are in need of a personal injury attorney. For more information, visit: https://www.zarzaurlaw.com
100 Palafox Place
Pensacola, FL 32502
Telephone: 850-444-9299 or (855)hirejoe
Email: [email protected]
Follow us on Twitter: @zarzaurlaw
Like us on Facebook: Facebook: zarzaurlaw
All Cases Used to Go to Trial
30 plus years ago, if a case did not settle you filed a lawsuit. Both parties went to the courthouse and the first time ever saw the other party and the lawyer together in the courtroom. Attorneys picked a jury, but no one wanted to be the first person to bring up a settlement because it seemed like a weak stance or weak position.
Why Mediation?
So, a lot of cases didn't get resolved. The courts began to think maybe we should break the ice and make it to where the parties don't bring up a settlement, but the court does. If both parties are forced to go and try to see if they can settle a case before they go to trial, then maybe cases will go away.
Mandatory Mediation
Courts started adopting mandatory mediation requirements in every lawsuit. Now virtually every judge requires that you go and mediate before setting a trial date. What does that look like? And what does that really mean in the context of a personal injury lawsuit?
How Mediation Works
After you file a lawsuit (which means you're that small percentage of cases that even required a lawsuit – around 5%-10% in the state of Florida), you will get an order from the judge, at some point in the case before trial, that says you have to sit down with the other party, usually at a lawyer's office. That lawyer is a mediator. The lawyer has to be certified as a mediator. The mediator is more like a referee and him, or she will basically, try to figure out if there's any room to settle the case. The mediator, you, your lawyer and the person you sue, and his lawyer, and usually an insurance company representative attend the mediation. The insurance company representative attends because at the end of the day, and in most of these cases, the insurance company is paying unless it's a products liability case where you sue the manufacturer of the product.
The Role of the Mediator
1. Hear the Position Statements from Both Parties: The mediator will first get everybody in one room, and they'll ask, what's everybody's position on this? The plaintiff attorney of the injured person will go first and tell the entire room, including the mediator, and the other side, why they think their case value is a lot more than what opposing counsel is thinking the case is worth.
The defense (another side of the case) lawyer will stand up and will say why he or she thinks the plaintiff’s case is not as valuable as they think it is.
The clients typically don't speak to this, but the one thing it adds is that the client, for the very first time in the case, gets to see it with their own eyes and ears and hear the other lawyer’s position and vice versa.
Watch The Entire Video Here:
Zarzaur Law, P.A. TV - How Does Media...
Related Topics:
How COVID19 Will Affect Your Car Wreck Injury Claim:
Zarzaur Law, P.A. TV: How COVID19 Wil...
Benefits of an In-house Medical Expert - Part 3
The Benefits of an In-house Medical E...
Subscribe To Our Channel For More Videos:
zarzaurlawpa
Legal Matter Playlist:
Legal Matters
You Might Be Interested:
Parents With Children in Santa Rosa County Schools Important Safety Video
Zarzaur Law, P.A. TV: Warning For Par...
Santa Rosa County School District Case - Deposition of Assistant Principal.
Zarzaur Law, P.A. TV: Santa Rosa Coun...
Social Media Accounts:
Follow us on Twitter: @zarzaurlaw
Like us on Facebook: Facebook: zarzaurlaw
Joe Zarzaur, the founder of Zarzaur Law, P.A., a Pensacola Personal Injury law firm, has created this video blog in an effort to educate the many citizens and visitors of Pensacola, Florida about their legal rights. Joe Zarzaur knows the ins and outs of Florida law and offers quality legal help whether you have experienced an auto accident/car wreck, have been a victim of medical malpractice, or are in need of a personal injury attorney. For more information, visit: https://www.zarzaurlaw.com
100 Palafox Place
Pensacola, FL 32502
Telephone: 850-444-9299 or (855)hirejoe
Email: [email protected]
Follow us on Twitter: @zarzaurlaw
Like us on Facebook: Facebook: zarzaurlaw
4 سال پیش
در تاریخ 1399/10/29 منتشر شده
است.
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