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How The Personal Injury Mediation Process Works

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Hey, everybody, it’s Chris Denmon, a civil trial lawyer and partner at Denmon Pearlman, and I want to talk to you about the mediation process in your personal injury case.

So, if you’re watching this video right now or reading this transcript, it’s because we’ve filed a lawsuit in your case.

We probably have gone through depositions where you’ve had an opportunity to sit down and answer questions for the insurance (company’s) attorney — and now we are preparing to go through the mediation process [or a formal settlement conference] to see if we can get your case resolved.

The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
Click here for the audio version

Who Is The Mediator?

A mediator is a professional, someone who is trained, in trying to get a resolution for all of us so that the case could settle.

Ultimately, we wouldn’t have to go further into the case anymore if a settlement agreement can be reached.

The Mediation Process

The mediation will start with everyone in one room.

We will then split up and we’ll do what we call a caucus. In other words, you and I [if I’m the attorney working with you] will go into another room or the insurance attorney and the adjuster will go into another room — and then the mediator will go back and forth, and his (or her) goal is to get a resolution and get a deal done.

Now, before we end up going into the mediation process, we are going to sit down and we are going to have a meeting to go over a couple of things.

We’ll rehash things and I’ll answer any questions that you have, but we’ll also talk, and we’ll value your case.

Valuing Your Case

How Personal Injury Mediation Works – The Mediation Process in a Personal Injury Claim
We are going to decide what it is that our settlement range is going to be, and perhaps most importantly, we’re going to commit to what the lowest number is that we’re going to resolve your case for.

We will take that number with us in meditation, and that’s just to make sure that we’re on the same page and to make that we don’t end up taking a bad resolution that we don’t like.

What If You Don’t Get A Deal Done In Mediation?

Don’t worry about it, we go through the mediation process all the time, and more often than not, we get the right resolution or a good resolution for our clients.

But if we don’t get things done during the mediation process, it’s not a problem. We just end up going forward with the litigation path where we’ll probably set your case for trial if it isn’t already set for trial.

We’ll further the discovery process, meaning I might have more witnesses that I need to talk to. Maybe we need to set some depositions with your doctors — but again, it’s nothing to worry about.

It is not uncommon at all to go into the mediation process and not get a deal done.

The Insurance Attorney

Sometimes we go into mediation and the other insurance (company’s) attorney can be a little bit gruff, a little bit confrontational with you.

And sometimes the insurance attorney will make a lowball offer.

If that happens, don’t worry about it. It’s not a big deal. This stuff happens almost all the time during the mediation process, but it’s nothing to worry about.

At the end of the day, we’ve sat down in advance and we know what your case is worth. We know what we’re going to resolve the case for, and if it doesn’t happen during the mediation process, so what?

All it means is I, as your injury attorney, have a little extra work I need to do — but we’ll get it done and we’ll move forward.

Questions? Contact Us

If you have any questions before we sit down and we meet, please give our office a call (to) talk to your case manager or the personal injury attorney that’s assigned to your case. Otherwise, we’ll see you soon to prepare you for the mediation process.

Tampa Personal Injury Services

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Client Testimonials

Christine E.
Christine E.
19:36 05 Dec 19
This past Tuesday, I got into a car accident that was frankly, quite scary. The experience left me disoriented, shaken, and overwhelmed with what "next steps" needed to be taken. Thanks to Nicole Pearlman, and the whole Denmon & Pearlman team, I didn't have to worry about those next steps. They quickly took over and set me up with medical appointments, a rental car, car inspection.... leaving me the ability to focus on spending those initial hours processing the accident and later, days spent on healing physically and emotionally. In a world where billions of people reside and yet we still often feel alone, that was never the case during this chaotic week. Never did I once feel alone in this whole process and I am incredibly thankful for their kindness to my nephew and I and their expertise in these matters. Denmon & Pearlman, especially Nicole Pearlman, WILL be there for you during life's most challenging experiences.
Nichole P.
Nichole P.
14:37 18 Apr 19
Ashley Boisvert was so great to work with when it comes to dealing with a not so great situation! I highly recommend Denmon & Pearlman.
John A.
John A.
16:50 20 Mar 19
I had to resolve an issue with real estate created by my divorce lawyer’s mistake. We interviewed 4 other attorneys who were non commital about what they could do, a couple said I should pay off my ex to resolve.Paul Knudsen in the New Port Richey office looked at the case and felt we had a valid case and was confident he could help. He did just that ! Resolved the situation AND got half of my legal fees from my ex. He’s very smart and well respected in the courts. Definitely has our highest recommendation!!
Carly M.
Carly M.
13:47 01 May 18
Nicole Denmon handled my criminal defense case and her tenacity at getting the desired result exceeded far beyond what I ever thought to hope for. Even after I had given up, Nicole persisted in negotiating my case until she was able to get the ideal outcome for me. I have never had an attorney fight for me the way that Nicole did, and weeks later I am still amazed at the perseverance and level of dedication shown by Nicole and her supporting staff. Thank you Nicole!
Josh F.
Josh F.
16:12 09 Jun 17
Great group of attorneys. They are very knowledgable and quick. I got responses to my questions immediately and they actually seem to care about their clients. I would highly recommend them.
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