Mediation In A Personal Injury, Wrongful Death and Accident Case Part Two:
Goliath’s Mediation Request
There are times when Goliath requests mediation in a personal injury, wrongful death and accident case. Careful consideration is taken in the selection of a mediator when this occurs. An experienced personal injury attorney, wrongful death attorney and accident trial attorney must choose a mediator that has a reputation of being fair to both sides. An Alabama personal injury attorney, wrongful death attorney and accident trial attorney must also thoroughly prepare the client and his or her family for the mediation process. This can be very similar to the type of preparation that goes into a deposition. Everyone must know what to expect, how to conduct him or herself and how the process works. In most personal injury, wrongful death and accident cases, your personal injury lawyer, wrongful death lawyer and accident trial lawyer will advance the cost and expense of mediation.
Before mediation in one personal injury and accident case we handled, all of the important records, bills, and documents were sent to the bodily injury insurance adjuster, the insurance defense attorney and the mediator to summarize our case and highlight the personal injuries, bodily injury and damages with the assistance of our expert’s findings. We reiterated at mediation that we were not interested in mediating the case to get a settlement. We were mediating in an effort to maximize recovery for this injured man and were fully prepared to push the case to trial. We believe that this conditioned the defendant, the insurance adjuster, the insurance company, and their defense attorney to agree to our final offer of settlement at the mediation.
Again, mediation in a personal injury, wrongful death and accident case should always be viewed as a step in the process as opposed to the final destination. The goal of mediation is maximizing the recovery for the injured and not to settle the case.
Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.