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Personal Injury Law Is More Complex Than You Think

I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.


Personal Injury Law Is More Complex Than You Think

Answering Burning Questions Concerning Auto Accident Claim Mediation

by Christine Wagner

Just because you are a safe driver, unfortunately, you cannot always count on other drivers to be the same, and you never know what may be waiting for you when you get into your vehicle. To add insult to injury, if you are injured in an accident, do not be surprised if an insurance company tries to leave you shortchanged. If this is the case, seeking the help of an auto accident attorney from a firm like Chiacchia & Fleming LLP and filing a claim may be the only option you have to recoup your losses.

Mediation is often a part of the claims process when it comes to motor vehicle accidents and the whole idea can be a little intimidating. Here are a few of the most common questions regarding mediation during an auto accident claim.

At what point in the claim does mediation normally take place?

Once the initial claim has been made by an attorney, the insurance company will get the chance to offer you a settlement. If the amount offered is not enough, your lawyer may seek a mediation meeting to further discuss what needs to take place. Mediation is a last resort before taking a case before the judge.

Who will be in the room during mediation?

The mediation will take place in an agreed upon location between all parties and only involved individuals will be present. This may include you and your attorney, an insurance company representative and their attorney, and the mediator. If there were other drivers involved in your case, or even outside witnesses, they may also be asked to be present, but may not stay for entire duration of the meeting.

Will you have to testify like you would in court?

During mediation you will not typically be asked to give a full testimony of what happened during the accident or afterwards. However, you may be asked to clarify a few pertinent points in the case or prompted to offer some of your information. Mediation will mainly consist of conversations between the two representing attorneys in case and the mediator.

What happens if mediation does not help you find an agreeable solution?

The whole purpose of auto accident mediation is to try and provide a neutral ground where a settlement can be reached between two parties. In the event mediation does not help, the next step will be taking the claim to court for a judge to oversee.

In the end, mediation during an auto accident claim is a logical way to shorten the whole process. Many claimants find resolution during mediation, which is a much easier experience than having to go to trial.