When a settlement cannot be reached in a personal injury case, a mediation process may be conducted in an effort to resolve differences and reach a settlement. If you are the plaintiff in a personal injury case that becomes involved in mediation, you will want a qualified personal injury attorney in Cape Coral, FL to represent you. A personal injury attorney specializes in tort laws and personal injury cases and knows the laws that affect personal injury cases and can help you get the best outcome possible in a court proceeding.
There are many participants that may be present during a personal injury mediation including:
1. Plaintiff. The plaintiff is the person who brings the claim in a personal injury case (you). You have the final say in whether or not to accept any settlement offers.
2. Plaintiff’s Counsel. This is the personal injury attorney in Cape Coral, FL for the plaintiff (you). A personal injury attorney will know the facts of the case and give an opening presentation to demonstrate the strength of your case. Your attorney will take the lead in negotiating any settlements, although the ultimate decision to accept a settlement is up to you.
3. Defense Counsel. The defense counsel is the attorney that represents the party the action is against. They will lead in arguments of defense of their client and they may also be a part of the negotiation efforts in reaching a settlement agreement.
4. Defendant/Insurance Carrier. It is possible that the defendant’s insurance company may send a representative, such as an adjuster. This person can help give facts regarding how much money should be offered in a settlement agreement, such as the cost of property damage or other relevant information.
5. Mediator. The mediator is a person who is impartial to both the defense and the plaintiff. The mediator is there to help reach a resolution in the personal injury case. This person could be an attorney or judge who is experienced with personal injury litigation but with no interest in your particular case. A mediator generally receives a flat fee based on how long the mediation lasts. Normally, both the plaintiff and the defendant split the cost for the mediator.
Knowing who will be present during a personal injury mediation and what each participant’s role involves may help you feel more at ease about the proceeding. Your personal injury attorney in Cape Coral, FL will be there with you through the entire procedure to represent your interests.
