Your Mediation Part One (1)

by Aaron Gartlan

March 21, 2016 | Frequently Asked Questions

Mediation is a very important step in your case that should be given the attention and priority it deserves. We hope this article sheds some light on the process. Please, feel free to contact us with questions, concerns or comments.

How should you prepare for your mediation in your personal injury and accident case?

It must be established that the goal of mediation is maximize recovery, not just simply settle the case. The best way to get in this position is by being prepared to go to trial on the case. Early and thorough trial preparation prepares the foundation for maximizing the recovery in any personal injury, wrongful death and accident case. Your successful mediation is achieved with extensive trial preparation. That holds true even in cases that are settled without the filing of a lawsuit.

By way of illustration of this point, let us focus our attention on a serious automobile wreck case that we handled involving a commercial vehicle and extensive injuries. In this case, trial preparation started while the injured man was still in the hospital recuperating surgical procedures and facing a long road of treatment and rehab. A lawsuit was filed demanding a jury trial in an effort to exercise the discovery and subpoena power of the circuit court and to get the case ready for trial in an effort to seek maximum recovery. Many cases are settled without the filing of a lawsuit. A calculated decision must be made regarding filing a lawsuit. In this case, an investigator was dispatched to gather facts and evidence and to interview witnesses, to build our case.

“Do Not Wait,” Says Alabama Personal Injury Lawyers” The early stages of your case are critical. It is crucial to begin trial preparation as soon as possible. In order to do this, you must put a legal team in place right away. The other side has a team of professionals and experts including insurance adjusters, investigators, and attorneys working to delay, defend, minimize and possibly even deny your claim if they can get away with it. These professionals and experts will even show up at a wreck and accident scene to tamper with evidence and manipulate the investigation in their favor. This is the case if you are still in the hospital recovering and treating or even if your family is busy making funeral arrangements. Therefore, work should begin immediately to ensure the best possible chance at a successful recovery. The other side is working against you.

The Next Steps in the Process:

Depositions were later taken of all of the eyewitnesses to preserve their testimony since it was favorable to our case and to push the case closer to a trial date. Our client’s deposition was taken after being thoroughly prepared by us. The importance of preparing for and being prepared for depositions cannot be underscored. This includes, but is certainly not limited to, consulting with the client about the relevant facts and circumstances and law related to 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.

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