Tort And Personal Injury Mediation
It cannot get too much more personal of an issue than a personal injury dispute. Insurers, hospitals and at-fault parties take every step to make recovering after an injury more challenging than it needs to be. With a personal injury dispute mediation, you can find a less painful way forward.
As a litigator and a mediator, I’ve seen my share of challenging legal situations across personal injury law and in personal disputes. I know the massive legal and personal conflicts that can’t really be untangled. However, I also know that mediation can offer a way forward that may make the challenges and weight of what’s gone before much easier.
Personal Problems Require Personal Solutions
Personal injuries are the most common of disputes, but there are many types of arguments. In mediation, we can closely and carefully review the parties’ problems and explore possible ways forward to achieve lasting, workable solutions.
I’ve worked with many clients seeking better outcomes through mediation in such issues as:
- Personal injury: These are the injuries that result from accidents. It includes car crashes, slips and falls, dog bites, product liability and other forms of negligence. These personal injuries can often result in devastating injuries. Compensation after a personal injury is always an uphill battle, but mediation can achieve results quicker for all sides.
- Medical malpractice: Victims of medical malpractice have serious claims and understandable levels of distrust for the system. Going through mediation can bring a certain amount of closure to people reeling from long-lasting injuries and the personal trauma of being seriously injured by the individuals who were meant to heal you.
- Wrongful death: The trauma of losing a loved one is unmatched, and there is no amount of damage or money that will undo such a loss. However, in mediation, you may find a way to completely grapple with the loss in pursuit of the damages you deserve.
However, there are also many tortious claims that aren’t personal injuries that also find resolution in mediation. I’m here to help guide you on that.
Answering Your Questions About Personal Dispute Mediation
Going to court for personal disputes and personal injuries is a major undertaking that should not be done lightly. The body of law regarding these civil disputes is massive, and it’s understandable to have questions about it such as:
What is a tort?
A tort is an ancient concept in the law and has been around for centuries. The word “tort” means “hurt,” and that hurt can apply to essentially any type of hurt a person can imagine:
- Physical injuries
- Financial losses
- Reputational damage
- Inconvenience
If you have suffered some form of damage, you can file a civil suit under the legal system against the person responsible. This is tort law.
Tort law governs civil disputes of all kinds, from personal injuries to real estate disputes. Understanding tort law is the first step in moving forward with any lawsuit.
How does personal injury mediation work?
Personal injury mediation works the same way that any other type of mediation works. A mediator meets with both sides in the dispute: the injured party and the plaintiff. The plaintiff is often represented by attorneys for the insurance company, but not always.
In mediation, both sides discuss the liability issues at hand and work toward an agreement on what the appropriate amount of compensation should be. Mediation is a guided negotiation, so many suggestions on how to resolve the distance between the figures may be bridged by the mediator.
There are two major advantages of mediation, speed and privacy. You may reach your settlement in mediation way faster than you would before a judge and a jury. Additionally, the results, amounts and discovery process are all private, which is attractive to plaintiffs and defendants.
What happens if the parties can’t agree on a settlement?
If parties in mediation cannot agree on a settlement, then mediation ends. If the sides do not agree to a settlement, the mediator’s recommendation is not binding. It remains just that, a recommendation. It is then that both parties move to the next step: litigation.
Careful, Comprehensive Mediation Services
I am here to provide answers and guidance in the face of high-stakes mediation services. I think mediation makes a difference for people and businesses in need, and that’s why I serve as a mediator. Contact my office to get started at 612-355-8180 or send an email using this form.