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Silverthorne Attorneys is a personal injury law firm in Orange County whose top priority and singular focus is the people we represent. We work diligently to make sure that our clients are well taken care of and that their needs are not only met, but come first. Injured now? Do not hesitate to reach out to Silverthorne Attorneys for a free consultation.
What is Mediation and How it Affects Your Case
What is mediation? So many of the clients that contact a personal injury lawyer in our firm have this question. Believe it or not, mediation is a much simpler process than having to file a lawsuit. The positives of mediation greatly outweigh any negatives. For instance, mediation is less expensive, less stressful, and far less time-consuming. Mediation is becoming a more and more popular practice for any accident lawyer in Orange County as well as the insurance companies. If you have reached an impasse with the insurance company over your personal injury claim, mediation offers you and your attorney a sensible way to avoid a lawsuit. If you need an accident lawyer, contact us to discuss your case.
Personal Injury Lawyer | Basics of Mediation
Mediation is really what you expect it to be. The parties involved (often the attorneys) will sit down with a neutral third party mediator who is trained to help people come to a satisfactory solution to the problem. It should be noted that mediation is entirely optional. However, it is a great way to avoid a lawsuit.
Mediation generally takes place when both sides request it and a settlement of the dispute is only reached if both sides agree upon the terms. The mediator never makes decisions or even gives opinions. If neither party is able to agree during this process, they go back to where they left off before they went to mediation. Therefore, nothing either party says can or will be used against them in later stages of the process.
The cost for this is usually split equally between two sides. Since it is an informal process, it allows people to have a say without the burden of legal procedures. The costs of mediation will be taken from the final settlement. As we work on a contingency fee basis – which we will go over at a later time.
Accident Lawyer | Benefits of Mediation
As stated prior, the benefits of mediation far outweigh any negatives. For personal injury cases, it follows a very basic structure. Though it can vary a bit among individual mediators, the overall basics are the same. Each party will speak directly to the mediator in the presence of the other party. You will also have the chance to speak directly to the other party with the mediator facilitating the exchange. You also have the chance to speak with the mediator one on one.
The mediator then uses the information gathered by each party. Without revealing what either party said in confidence in order to coax each side to change position enough to come to an agreement. There are not restrictions on what can be said or how facts and opinions are presented. In comparison, when you take the case to trial, you will only be able to present facts based on evidence.
Mediation practices are becoming more and more popular for almost every personal injury lawyer. This is because, you and/or your accident lawyer are sitting face to face with the insurance adjuster. This puts a human face on a claim and not just a number. Because here at Silverthorne Attorneys, we know that you are much more than a number on a check or medical bill. An adjuster may be more likely to give you a reasonable settlement when they are sitting across the table from you and not just speaking with your attorney on the phone.
Did you know that mediation will get your adjuster the oomph it needs in order to put more effort into looking into your claim? That’s right! And that means that the likelihood of the adjuster wanting to settle and come to an agreement is much higher. You get a third person – the mediator – to encourage a break in any deadlock.
Mediation, believe it or not, is a much faster, easier, less expensive way to go about your claim than having to go to court and file a lawsuit. Most personal injury cases, whether it’s a car accident, dog bite, slip-and-fall are settled in mediation these days.
Contact Silverthorne Attorneys!
Being in an accident and being injured is so stressful. However, getting the settlement you need in order to get your life back on track, doesn’t need to be. Contact an accident lawyer at Silverthorne Attorneys today to discuss your case. Not only are consultations free, but you will be speaking with people who genuinely care about you and your case.