Personal Injury Claims and the Florida Mediation ProcessTampa Bay Legal News
Oftentimes negotiations regarding a personal injury settlement are extremely slow-moving and it can seem like they are going to go on forever unless you want to go to trial. As frustrating as this is, there is a different solution available to you in the form of mediation. Mediation is a legal procedure that is often employed to assist people in resolving their legal issues in a less time-consuming manner.
Listed below is some information on how mediation is handled in a Tampa personal injury claim and how it might be able to benefit you.
When Does Mediation Take Place?
Personal injury claims usually take many months or potentially even years to be resolved in the event that the people involved cannot come to an agreement on a settlement. When this happens, one or both parties are able to request a personal injury mediation. There are no legal requirements that must be met before you ask to enter into mediation.
The mediation process is presided over by an unbiased third party, known as a mediator. Even though the mediator is not required to have a background in law or any kind of legal expertise whatsoever, keep in mind that either or both of these qualifications would be very useful. Typically, the attorneys representing either side will select another attorney, a retired claims adjuster, or an individual with some form of legal background, although any person of their choosing may be chosen. While mediation is certainly not cheap, it is more economical than the cost of a trial. The price of the mediation is traditionally split between those involved in the claim.
What Takes Place in Personal Injury Mediation?
Even though no two mediations are identical, their arrangements are usually similar and often follows a set structure:
- Introductions, in which a short summary of the mediator’s goal and the aim of the mediation are given
- An opening statement will be provided by each attorney
- Each party will present their case to the mediator
The mediator is not allowed to provide any legal advice during this time. Their purpose is to foster an open discussion between everyone involved, assess the issues that are hindering an agreement, and offer possible solutions. If the parties reach an agreement, a written contract can be drawn up.
If the parties involved are still not able to come to an agreement, any details that were made known in the mediation session are not allowed to be repeated in court.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.