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3 potential benefits of mediating a personal injury claim

On Behalf of | Jun 11, 2024 | Mediation |

Many personal injury lawsuits actually begin as insurance claims. However, aggressive negotiation tactics or inadequate coverage force people to consider filing a lawsuit. Lawsuits can lead to compensation paid directly by the party at fault for the incident that harmed someone else.

Many personal injury lawsuits don’t make it to court because the plaintiff agrees to sit down with the business or person responsible for their injuries in mediation. What potential benefits does personal injury mediation offer those harmed by the misconduct or negligence of others?

A faster resolution

A personal injury lawsuit can take months or even more than a year to resolve. Factors ranging from the jurisdiction that applies to the current volume of cases pending in the courts determine how long it takes for a hearing in front of a judge. Those dealing with major expenses caused by an injury and a loss of income may feel a mounting sense of financial pressure as time passes. Successfully mediating a personal injury claim can lead to a prompt payout of compensation, which can help the plaintiff catch up on their financial obligations.

Enhanced privacy

Many times, information about injuries and their impact on an individual can be very personal. Quite a few injured people dislike the idea of having their personal history and medical records presented in civil court. The mediation process is confidential under state statutes. Both parties sitting down to mediate a personal injury claim typically sign a confidentiality agreement at the beginning of the mediation session. It is therefore possible to talk at length about the consequences of someone’s injuries without making those personal details public record.

A better outcome than simply settling

Insurance companies may offer a settlement when someone gets hurt and might then refuse to negotiate. When mediation occurs as a final effort to avoid litigation, insurance providers may become more amenable to compromise. The potential cost and publicity of litigation might lead to a more reasonable settlement offer. Additionally, the process of discussing the personal injury claim with the defendant and a mediator could change the perception of the individual or insurance company that may need to provide compensation to the plaintiff.

Attending personal injury mediation sessions can be a reasonable solution for those harmed by the negligence or bad behavior of others. A successful mediation session can lead to a timely and appropriate resolution of an injury claim.