When hearing the term “mediation”, most people would most likely relate it to a divorce. However, the Alternative Dispute Resolution process of mediation is also commonly used during personal injury claims as well. If you have been injured in a car accident, truck accident, motorcycle accident, a slip and fall, a construction accident, a ladder or scaffolding accident, or any other kind of accident resulting from the reckless and negligent actions of another party, you may at some point during the personal injury recovery process attempt to resolve your claim through personal injury mediation.
What Is Personal Injury Mediation? Red Bank, NJ Personal Injury Attorneys
Personal injury mediation, much like any other kind of mediation, is a more informal and more private process than traidtional court litigation which can help both sides of any dispute to reach an acceptable resolution.
During a personal injury mediation, a third party will be asked to act as neutral mediator between the parties. This mediator will help both sides to each understand the other side’s position and desires for a specific outcome, and work with those parties to find a “middle ground” solution. In the case of personal injury mediation, the mediator will usually be a retired judge, or an attorney familiar with the personal injury process and personal injury law.
While the goal of the personal injury mediation process is to find a resolution which is acceptable and fair to both parties involved in the personal injury claim at hand, it is important to remember that just because you are entering into mediation, you do not ultimately have to resolve your personal injury claim through mediation if you are unable to achieve a settlement offer which is fair to you. Our experienced personal injury attorneys will be able to advise you when a settlement offer is fair to you and accurately takes into account the damages you have suffered, when further negotiation in the mediation process may yield a better offer, and when no amount of negotiation will result in a better offer and you should instead take your claim to trial.
When Will Personal Injury Mediation Take Place during My Monmouth County Injury Claim?
If you are currently pursuing a personal injury claim of any kind, there are two potential scenarios in which mediation can take place during the course of your claim. In some situations, a judge may order mediation to take place before your claim is taken to trial, especially when they believe that the mediation process can yield a successful resolution.
Alternatively, if both you, your attorney, and the insurance company of the defendant believe that a settlement may be able to be reached through the mediation process, and you are both willing to work towards this goal, then you will be given the opportunity to attempt to resolve your claim through personal injury mediation.
What Should I Do during the Personal Injury Mediation Process? Freehold, NJ Accident and Injury Lawyers
When you enter into personal injury mediation, the most important thing to remember is that even though mediation is a more informal and cooperative process than traditional litigation, the insurance company will still take advantage of any opening you give them, and use it to try to settle for less than you deserve. This means you will need to be prepared for all potential questions that will be directed to you, and how to answer them in an honest, but careful manner which does not jeopardize the strength of your claim.
While there are many questions which we can answer directly for you as your legal representative, especially during mediation, you will be required to give your own answers to a variety of questions. Our experienced Freehold, NJ accident and injury lawyers will be able to anticipate the many questions the insurance company will ask of you, and we will prepare you for each and every one.
Beyond the “ask and answer” portion of the mediation process, you can also expect to work closely with the mediator themself. Trained mediators are adept at acting as neutral entities, so while they will never take your side or the insurance company’s side during the mediation process, you can be honest with them about your concerns, needs, and desired outcome, and let them work towards finding a resolution which is fair for both sides.
Remember, while almost 97% of all personal injury cases end in a settlement of some kind, if the mediation process is not working for you, or the insurance company is not making fair offers, you always have the right and the option to take your claim to court, and let a jury decide the issue for you. However, this can be a risky proposition, and it is highly recommended that you speak with our experienced personal injury attorneys about the potential outcomes you can expect in terms of a settlement offer, or a jury verdict, before making your final decision.
Contact Our Monmouth County Personal Injury Attorneys Today
At The Law Office of Chamlin, Rosen, Uliano & Witherington, our personal injury attorneys have extensive experience successfully recovering compensation for clients injured in all manner of accidents in towns across New Jersey and Monmouth County, including Red Bank, Freehold, Wall, and West Long Branch.
Whether your personal injury claim is ultimately resolved through mediation, negotiation, or a jury verdict, our firm is prepared to guide you through the entire process, keep you highly informed and involved throughout, and help you to recover the full and fair compensation that you need and deserve.
To speak with our personal injury team today in a free and confidential consultation regarding your accident, your injuries, or your options for recovering financial compensation, please contact us online, or through our West Long Branch, NJ office at (732) 440-3950.