Florida requires that before a case can be set for trial that it is subject to mediation to try to resolve any conflict prior to accidents set in the case for trial. It is a process that everybody is obligated to engage. The role of mediation in Tampa pedestrian accident cases is to try to settle a claim prior to undergoing the expense and the uncertainty of a trial. If you want to know more about mediation and how it could benefit your case, consult a qualified personal injury lawyer that can advocate for you.
Why Would Someone Participate in a Mediation
An individual is obligated to participate in mediation, so the courts would order them to do so. Regardless, the parties should always go to mediation with an open mind and with good faith intent of settling the claim. At mediation, an individual can give the opposing side an opportunity to evaluate the case from their perspective. The individual may teach them something about the case that they may have overlooked, which gives them an opportunity to settle the claim more favorably.
The mediator is somebody selected by the parties. Typically, it is a professional mediator, a retired judge, or a lawyer that handles these types of matters and is trained to mediate pedestrian accidents. Mediation can allow an individual to settle their claim prior to the experience and expenses that are normally found in preparing for trial. Mediators charge an hourly rate that is commensurate with their level of expertise and ability. That is the only cost, and that cost is normally split by the two parties.
Insurance Companies Role in Mediation
Insurance companies do one of two things when it comes to mediation. The role of mediation in Tampa pedestrian accident cases is as a delay tactic when the insurance companies have no intention of settling a claim at mediation. It buys them time. Or, they use mediation as an opportunity to try to mitigate their exposure and settle a claim without the expenses of litigation, especially when they believe that the plaintiff has a good cause of action.
How Injury Attorneys Approach Mediation
Injury attorneys should approach mediation from a perspective of giving every opportunity for both sides to come to a fair resolution of their claims. Sometimes the parties have to walk away from mediation, because one side does not value the case the same way as the other.
Sometimes lawyers ignore the information coming from the other side, which is a bad idea. The point of mediation is to absorb as much as possible about the client’s case and the opponent’s view of the case and try to maximize the client’s ability to settle that claim at that time.
Consulting an Attorney
It is important to prepare for mediation. Not only is it a time to show the other side the merits of the case, it is also a time to show them the weaknesses of their case and preparedness to litigate a particular matter. If an individual uses mediation well and shows up well-prepared, they have a much greater chance at a favorable resolution at that time.
It is also important to work with a lawyer that understands the role of mediation in Tampa pedestrian accident cases because mediation is a powerful tool in settling a claim that has been litigated prior going to trial. An attorney that is seasoned and astute in the method and manners of mediation can set up mediation in a manner that gives an individual the best chance of maximizing the value of the claim. Those who have been injured in a pedestrian accident should consult a skilled lawyer that can help.