In Nevada, when someone is injured because of another person’s careless or reckless actions, the victim can often achieve an insurance settlement that pays for his or her related medical bills and various other losses. The majority of Las Vegas personal injury claims result in a settlement. Oftentimes, settlements are reached with the aid of personal injury mediation.
What Is Personal Injury Mediation?
Personal injury mediation is a type of alternative dispute resolution (ADR), meaning it is an alternative to taking a case to trial. During mediation, the injured accident victim (the plaintiff) and the accused party or their insurance company (the defendant) meet with an unbiased third party (the mediator) in an informal setting outside of court. Unlike a court judge, a mediator does not have the power or authority to make a binding decision or judgment concerning the case. The mediator is simply a facilitator of communication, compromise and conflict resolution between the two parties. It is a neutral party who is often a trained legal professional, such as an attorney or retired judge.
Tips for Personal Injury Mediation Preparation
If mediation is scheduled for your Las Vegas personal injury case, it is important to adequately prepare before the mediation date. Take the following steps to ensure you’re ready for your meeting.
Contact a Lawyer in Las Vegas for Advice or Representation
Start mediation preparation by consulting with a personal injury attorney. It is recommended to hire an accident attorney to represent you during mediation, or at least to discuss your situation with a lawyer before attending. A lawyer can guide you through the entire process, take over communications with an insurance corporation to advocate for your best interests, and ensure that you do not accept a settlement that is less than you deserve.
Gather Evidence
It is critical to be as informed as possible about your case, injuries and situation. You should have all the relevant details surrounding the accident, along with evidence, such as police or accident reports and your medical records. You should understand the basis for your claim, relevant liability issues, potential strengths and weaknesses, and possible defense tactics. The more you know about your case, the stronger your ability to negotiate will be.
Understand the Value of Your Claim
You should go into mediation with a clear understanding of the true value of your claim. You or an attorney should assess your economic and non-economic damages for a clear valuation. This can help you determine your bottom line, or the minimum amount you are willing to accept from an insurance company.
Why Is Mediation Preferred to Trial?
The vast majority of personal injury cases are resolved through out-of-court settlements, or agreements between the insurance company and plaintiff. Most cases never see the inside of a courtroom. If settlement negotiations are not productive, however, the parties may use mediation to aid in conflict resolution. The goal for both parties is to avoid having to go to trial. Mediation is typically preferred to a personal injury trial because it is faster, less expensive and more predictable. The parties involved in personal injury mediation also have control over the outcome. During a personal injury court case, on the other hand, a judge or jury will deliberate regarding who is liable and how much financial compensation the plaintiff will be awarded, if any. For more information about how to prepare for your personal injury mediation in Las Vegas, contact Koch & Brim, LLP for a free consultation.