Civil Mediation Involving Negligence or Personal Injury
Mediation is usually required in federal court and the circuit courts in Virginia and West Virginia. However, mediation may occur before it's required and can often save the parties significant litigation costs.
Mediation is usually required in federal court and the circuit courts in Virginia and West Virginia. Often, it is only required months after the case is initiated with a civil complaint. In that situation, the court often includes a requirement that the mediation occurs by a specific date in a scheduling order.
Mediation may occur before it's required and can often save the parties significant litigation costs. It may also free up money, providing the award to the parties so they can get additional medical treatment or something else rather than waiting for the matter to get closer to a jury trial.
Recall that only 3% of civil cases go to trial, so they will likely settle anyway.
Our office provides mediation in any civil matter, including:
Any physical pain sustained from a car accident
Injuries that occurred on someone else's property, like a fall or broken bone
Accidents at a commercial property like a restaurant, store, or hotel
A workplace injury
Injuries from a car accident while at work or traveling for work
Nursing home abuse or neglect
Medical malpractice
Injuries caused by a faulty product
Boating accidents
Children's injuries or neglect at a daycare
Injury accidents involving a rideshare service like Uber or Lyft
Premises liability-or slip and fall accidents
Wrongful death
Dog bites
Navigating Personal Injury Mediation
In personal injury mediation, we meticulously assess key factors, including current and future medical expenses, lost wages, the subjective impact of pain and suffering, and available insurance coverage. This comprehensive approach ensures the best possible resolution.
Your Choice of Mediator Matters
When it comes to selecting a mediator for your dispute, you have options. If you're represented by legal counsel, take the time to research the mediator recommended by your attorney.
It's worth noting that not all mediators possess extensive training in mediation. Brenda, on the other hand, brings a wealth of experience in litigating personal injury matters and complements it with advanced education and mediation expertise. Learn about Brenda's experience litigating personal injury matters and her advanced education and experience in mediation.
Find out if mediation is right for your civil case.
Contact our office today and schedule a free consultation.
Frequently asked questions about negligence or personal injury case mediation:
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Most likely, a personal injury case will not go to trial. Unfortunately, the process often becomes bogged down in the court system, causing delays in the settlement.
As a result, mediation often only occurs close to the trial, after depositions and significant costs have been incurred by both parties.
However, many lawyers find that scheduling mediation before a lawsuit is filed or early in the litigation provides for a fast and less costly resolution.
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That's a tough question! In most personal injury cases, mediation occurs long after counsel is hired and the case has been filed in court. However, you may be able to retain an attorney solely to represent you in mediation before you file a lawsuit and pay the lawyer by the hour. Some insurance companies may agree to mediate the resolution before an attorney is retained.
Most plaintiffs' attorneys accept cases on a contingency fee, usually 1/3 to 40% of the settlement, plus costs. If an attorney can be retained hourly to attend early mediation, it could result in substantial savings for someone who has been injured.
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You have a choice about all parts of your legal case, including who you wish to mediate the dispute.
If your lawyer recommends a mediator, research the mediator to make sure it’s a good match for you and your legal problem. Some mediators have only represented insurance companies during their legal career.
Many mediators may be successful lawyers and good judges, but have very little training in mediation.
Learn about Brenda's history in representing people, not insurance companies, and her extensive training as a mediator.
