Were you hurt in an accident in Stockton, the San Joaquin Valley, or elsewhere in California? A personal injury claim offers a potential path to justice and compensation for your injuries. In some cases, resolving a personal injury claim can be challenging. Defendants (and insurers) want to pay out as little as they can get away with in settlement negotiations.
This raises an important question: Do personal injury cases ever go to mediation? The answer is “yes”—in fact, mediation is relatively common in personal injury cases in California. Here, our Stockton personal injury lawyers provide a comprehensive guide to mediation for injured victims, including explaining what it is, how cases get there, and the steps to prepare.
Most Personal Injury Cases in California are Settled Before Trial
Settlement is a relatively common result in personal injury claims. Indeed, most cases are resolved before a trial. Verdicts are rare compared to settlements. In California, the majority of personal injury cases are resolved without the need to go to trial. The litigation process can be lengthy and costly. There can be advantages to settling cases for both victims and defendants/insurers.
Mediation is a Formal Process of Alternative Dispute Resolution (ADR)
As explained by the California Courts, mediation is defined as “a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement.” (Rule 3.852) In other words, mediation is a non-adversarial process that allows parties to work towards an agreement. It involves an impartial mediator who helps both parties discuss their issues and find a mutually agreeable resolution. Unlike in a trial, the mediator does not issue a binding decision but instead facilitates communication and negotiation.
Two Ways a Personal Injury Claim Could End Up in Mediation
Personal injury cases are often meditated in California. There are two main paths for a personal injury claim in California to end up in mediation:
- Parties Agree to Mediate: Many personal injury claims in California move to mediation because both parties agree to this process. The agreement can be reached independently by the parties—and it may be advised by the attorneys of both sides. Opting for mediation voluntarily usually indicates a willingness to compromise and can lead to a quicker resolution compared to litigation.
- Court Orders Mediation: If a personal injury case is headed towards a trial, a court may order mediation before the date of the trial. It happens when a judge believes that an out-of-court resolution is possible and preferable. Court-ordered mediation is designed to reduce the court’s caseload and encourage parties to settle disputes without further litigation. Court-ordered mediation is still non-binding in California.
How to Prepare for Personal Injury Mediation in California
Is your personal injury claim on the path to mediation in Stockton? If so, it is imperative that you are well-prepared. You do not want to end mediation on the backfoot. Here are four tips to get ready for personal injury mediation in California:
- Gather and Prepare Relevant Evidence: Evidence is the foundation of your case. You should collect all pertinent evidence related to your claim—from medical records to accident reports to witness statements. Organizing this evidence comprehensively can help you prove both liability and damages.
- Focus On Establishing Liability: In California, personal injury liability is based on fault. During mediation, you will need to clearly establish liability. This involves demonstrating how the other party’s negligence or actions led to your injuries. Clear, organized presentation of facts can increase the chances of a favorable outcome.
- Carefully Document Your Damages: To get the most favorable personal injury settlement out of mediation, you need to show your damages. Detailed documentation justifies the compensation you are requesting. Both economic damages and non-economic damages should be thoroughly documented.
- Seek Professional Legal Representation: You do not have to take on the mediation process alone. A personal injury mediation is high stakes. You should be represented by an experienced Stockton, CA personal injury attorney. Not only will your lawyer help you prepare for mediation, they can represent you during the actual proceedings.
Injured Victims Need the Maximum Financial Compensation
In California, injured victims have the right to seek compensation for the full value of their damages, including non-economic losses. However, as defendants and insurers try to limit payouts in settlement negotiations, it is imperative that injured victims take a proactive approach. Our Stockton, CA personal injury lawyers are skilled in negotiation, including mediation. We help clients secure the maximum compensation, including for:
- Any property damage;
- Emergency medical treatment;
- Hospital bills and other health costs;
- Long-term health care needs;
- Loss of wages and loss of earnings;
- Pain and suffering & mental distress;
- Disability or physical disfigurement;
- Reduced quality of life; and
- Wrongful death of a family member.
Why Trust Our Stockton Personal Injury Lawyers for Settlement Negotiations
Navigating personal injury settlement negotiations can be challenging. Defendants and insurers invest a lot of resources into trying to resolve these claims for the minimum amount of compensation possible. They train their staff and hire professional legal representation. You need a strong and experienced advocate on your side. At Redkey Gordon Law Corp, we provide personalized guidance and advocacy to injured victims. With more than $25 million recovered for injured victims, our case results demonstrate what we can do for clients. Our team has extensive experience with personal injury settlement negotiations, including mediation.
Contact Our Stockton Personal Injury Lawyers for a Free Case Evaluation
At Redkey Gordon Law Corp, our Stockton personal injury attorneys fight tirelessly for justice for victims and families. Our firm has recovered more than $25 million in compensation for clients. You do not have to take on the defense or a big insurance company all alone. Legal help is available. Call us now or contact us online for a free, no strings attached initial consultation. With a legal office in Stockton, we handle personal injury claims throughout all of Central California.