Number 1 Way to Ruin Mediation of Your Personal Injury Lawsuit скачать в хорошем качестве

Number 1 Way to Ruin Mediation of Your Personal Injury Lawsuit

Are you about to go to mediation in your personal injury lawsuit? Check out this short video to learn the 1 way you can blow your mediation and some other helpful tips about mediation as well. Hey everyone Barry here with the LawFull channel. If you would like a free strategy session on your personal injury case reach out to me by email at info@legalvlogger.com. 0:00 Introduction 1:01 #1 Thing to ruin your personal injury lawsuit mediation 2:25 What can I expect at mediation hearing 2:55 You pick the mediator 4:30 What happens during mediation in a civil case So mediation can occur before you file a lawsuit but usually after you’ve filed a lawsuit and you’re in the litigation process. The #1 way you can blow your mediation and maybe even damage your case. And that is, you go into mediation and you’re difficult and you act for lack of a better word, like a jerk. So first and foremost, act like an adult in the mediation. You are there to try and settle your case and gather intelligence about the other side’s position on your case - and nothing can ruin that quicker than being a jerk. Alright having said that, I want to tell you what happens at mediation in a personal injury case. You got in an accident, it could be a car or motorcycle accident or a dog bite or a slip and fall and you filed a lawsuit against the other party. You’re probably in the middle of the litigation process and have done some discovery and now its time for the parties to come together to try and settle the case. First, you have to pick a mediator. This is an individual that the two sides agree on, you and your attorney and the insurance company and their attorney. Usually it’s a former judge or a very experienced personal injury attorney. They are 100% neutral and do not have a vested interest in the outcome of the case other than getting it settled. If you’re representing yourself – call your local bar association to find out where you can find a mediator to help you. Do not just trust the defendant’s attorney or insurance adjuster to pick an adjuster. The mediator’s job is to hear you guys out and speak with each of you and figure out a way to convince you to accept a certain amount and to convince the insurance company to pay a certain amount. The mediator will set the ground rules for the mediation in advance and hopefully if you have a good attorney you’ll meet beforehand to prepare for the mediation. In addition, your attorney may prepare a mediation brief that lays down the facts of your case in a brief format so that the mediator knows what the facts of the case are and what you want before the mediation. Then the day of the mediation will come and this is how the mediation will work. Normally, everyone will start out in the same room with you and your attorney on one side and the defendant’s insurance adjuster and attorney on the other side. Sometimes the defendant is there but not normally. The mediator will lay the ground rules and purpose of the mediation and then its possible that your lawyer will have a chance to make a short presentation on why she or he thinks you’re entitled to $100,000 or whatever. You also may have the opportunity to say something if you want. Then the other side does the same thing but they’re going to tell you why you shouldn’t recover as much as you want if anything at all. Now this is one of the most important aspects of mediation. You’re going to hear the other side’s side of the story. These are their arguments to try and limit your recovery. Do not freak out when you hear them. As I said above, don’t respond at all. Just sit and listen and process what they’re saying. Then after each side has spoken normally each side will meet with the mediator separately. Sometimes that’s called a caucus. Then theoretically the mediator will go back and forth between rooms speaking with each side trying to find a number you can settle on. Listen to the mediator. This person is likely going to be an expert at what she or he does. If you think you’ve got a million dollar case and the mediator tells you that in her opinion it’s likely you could recover between $50 and $70k at trial, you might want to consider listening to her or him. Having said that, mediation is not binding. You do not have to come to an agreement. So after the mediation if you didn’t reach an agreement, that’s 100% fine. The litigation process will just continue where it left off. Disclaimer: This video is for entertainment and informational purposes only. It is not intended as legal advice and the accuracy thereof is not warranted or guaranteed. This information is prone to errors and omissions. Use this information at your own risk. Watching this video does not create an attorney-client relationship. #personalinjurymediation #mediation #personalinjurylawsuit