Personal Injury Mediation

Texas Injury Attorney Michael Grossman Discusses Mediation in a Personal Injury Case

Contrary to popular belief, in a personal injury lawsuit, trial is typically a last resort. There are many methods for resolving a case without taking it to court, and most of them simpler and less stressful than going to trial.

Any experienced personal injury attorney will begin preparing for trial as soon as he or she takes a case, but the goal is to use that preparation as leverage to reach a fair settlement without actually taking a case all the way to trial (of course, any aggressive attorney is willing to take a case to court if necessary). One of the most common ways of resolving a case without going to court is mediation. San Antonio personal injury lawyer Michael Grossman is here to explain to you how the mediation process works and why it might be a favorable alternative to going to trial in your personal injury case.

What Exactly is Mediation?

Mediation allows both the plaintiff’s (the victim’s) attorneys and the defendant’s attorneys to meet in person with a neutral third party and discuss the case to try to resolve the dispute without taking a case to trial. It gives both sides an opportunity to present the evidence they would use in trial, if necessary.

Typically, mediation occurs after a plaintiff and his or her legal representation has filed a lawsuit, but before the parties are scheduled to appear in court. This allows both parties to get a general feel of how a trial might go so that a mutually agreeable settlement might be reached. Neither side wants to go to court, and mediation allows both sides to attempt to avoid the uncertainty of trial.

Mediation works like this: the attorneys meet at the mediator’s office. The mediator is typically a retired judge or attorney with a wealth of experience in the particular practice area relevant to the personal injury case at hand. The mediator listens to the plaintiff’s and the defendant’s attorneys give their opening presentation and a general overview of their case. The mediator then meets with each side separately to discuss the arguments each side brought up. The mediator will typically move back and forth between each party, discussing arguments and counter arguments raised by each side. The mediator then attempts to determine how this case might proceed if it is actually taken to court. Using this estimation, he or she attempts to guide both parties to a reasonable settlement.

Is Mediation a Good Way to Resolve my Specific Personal Injury Lawsuit?

In general, trials are expensive, tedious, and stressful for both plaintiffs and defendants. We would generally like to resolve our cases without going to trial, if only so you can get the compensation you need and get back on your feet quickly. There is always an element of uncertainty in trial since the outcome of the case is ultimately in the jury’s hands. Our attorneys know how to speak to juries and argue the merits of your case in a straightforward manner that a jury can understand, but nothing is ever certain in trial.

This is why we try to resolve a case outside of court beforehand. Michael Grossman has spent twenty years helping people resolve all kinds of personal injury cases. He has successfully settled hundreds of cases both inside and outside the courtroom. Because of this successful track record, defense lawyers do not like to face our firm in court, and so they will often cooperate fully with our settlement demands. But we prepare for court from day one, so if necessary, we will fight aggressively in trial to defend your rights. We are dedicated to getting you the compensation you deserve, no matter what it takes. So if you or someone you love has been hurt in an accident, contact experienced San Antonio personal injury attorney Michael Grossman from Grossman Law Offices today.