Preparing For Your Personal Injury Mediation Process

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If you’ve been hurt in an accident that wasn’t your fault, you might be thinking about filing a personal injury claim. But sometimes, even after you’ve filed a claim, the insurance company might want to avoid paying you what you deserve. That’s where personal injury mediation comes in. At Maxey McFarland Law Firm in Greenville, South Carolina, we help people like you prepare for mediation and fight for the compensation they need to recover from their injuries.

What is Personal Injury Mediation?

Personal injury mediation can settle your claim without going to court. It’s a meeting between you, your lawyer, the person who caused your injury (or their insurance company), and a neutral person called a mediator. The mediator’s job is to help everyone reach an agreement that works for both sides.

Mediation is voluntary, meaning both sides must agree to do it. It’s also confidential, so anything said during the mediation can’t be used later in court. This lets everyone be more open and honest, which can help settle faster.

Steps in the Mediation Process for Injury Cases

Here’s what you can expect during the personal injury mediation process:

  • Signing a Confidentiality Agreement: Before the mediation starts, everyone has to sign a paper promising to keep everything said during the mediation private.
  • Opening Statements: You and the other side will get to tell your side of the story. Your lawyer will explain why you deserve the amount of money you’re asking for, and the other side will explain why they think you should get less.
  • Private Meetings with the Mediator: After the opening statements, you and the other side will go into separate rooms. The mediator will go back and forth between the rooms, talking to each side privately. They’ll share information and try to find a middle ground everyone can agree on.
  • Reaching an Agreement: If the mediator does their job well, you and the other side will agree on a settlement amount. You’ll sign a paper promising not to sue, and the lawyers will tell the court that the case is settled.
  • If mediation Doesn’t Work: Sometimes, even with a mediator’s help, you and the other side might not agree on a settlement. If that happens, your case will move forward like it would have without mediation.

These are the usual steps in mediation, but unusual events can always occur. 

How to Prepare for Injury Mediation

Even though your lawyer will do most of the talking during mediation, there are still things you can do to help your case. Here are some tips:

  • Write down what happened in the accident. If there’s a disagreement about who caused the accident, it’s essential to have your story straight. Write down everything you remember about what happened, and include any photos you have of the accident or your injuries.
  • Make a list of how the accident has affected you. The mediator needs to understand how the accident has changed your life. Write down any time you’ve missed work, any activities you can’t do anymore, and how your injuries have affected your relationships with family and friends.
  • Stay calm, even if the other side says things that upset you. The other side might say things that aren’t true or make you angry. They might do this on purpose to see how you’ll react. If you stay calm and polite, you’ll show you can be a good witness if the case goes to trial.
  • Listen to the mediator’s advice. The mediator is there to help both sides, not take anyone’s side. If they point out weaknesses in your case, don’t get mad. Instead, think about what they’re saying and whether it might be better to accept a lower settlement than to risk going to trial.
  • Dress nicely. Mediation is like a practice run for a trial. You want to make a good impression and show you’re responsible and trustworthy. Dress like you would for a job interview or a day in court.

These steps can help you get the compensation you deserve in the mediation process. 

Tips for Successful Personal Injury Mediation

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Here are a few more things to keep in mind to help your mediation go smoothly:

  • Be open to compromise. Mediation is all about finding a middle ground. You might not get everything you want, but if you’re willing to be flexible, you’ll likely reach a settlement that works for you.
  • Don’t be afraid to take breaks. Mediation can be stressful and emotional. Ask if you need a few minutes to clear your head or talk privately with your lawyer.
  • Trust your lawyer’s advice. Your lawyer has been through this process before and knows what to expect. If they think a settlement offer is fair, accepting it’s probably in your best interest.

If mediation doesn’t work out, it’s not the end of the road. Your lawyer will keep fighting for you and ensure you get your deserved compensation.

Let Maxey McFarland Law Firm Help You Through the Mediation Process

At Maxey McFarland Law Firm, we know how overwhelming it can be to deal with a personal injury claim while trying to recover from your injuries. That’s why we’re here to guide you through every step, from filing your claim to representing you at mediation.

Our experienced personal injury lawyers know how to negotiate with insurance companies and present your case in the best possible light. We’ll work tirelessly to get you the compensation you need to pay your medical bills, compensate for lost wages, and move forward with your life.

If you’ve been injured in an accident that wasn’t your fault, don’t hesitate to contact us. We offer free consultations where we’ll listen to your story, answer your questions, and give you honest advice about your case. And if we take on your case, you won’t owe us a dime unless we win.

You shouldn’t have to bear the financial burden of someone else’s mistake. Let Maxey McFarland Law Firm fight for your rights and help you get the justice you deserve. Contact us today at 864-900-4231 or reach out online to schedule your free consultation and take the first step towards putting this accident behind you.

Last Updated: 05-08-2024
Written By: Will Maxey