Were you hurt in an accident in Stockton or elsewhere in the San Joaquin Valley? You have the right to seek compensation for the full extent of your damages from the at-fault party through a personal injury claim. Trials are actually relatively uncommon in personal injury cases. A far greater share of claims are settled. With that being said, reaching a settlement is often difficult,
Mediation is a non-binding form of alternative dispute resolution (ADR) that exists to help parties work towards a settlement to avoid litigation. It can be an effective approach in personal injury cases—especially after a serious accident when there is a dispute over liability and/or damages. Here, our personal injury lawyer in Stockton highlights five tips for preparing for mediation.
Tip #1: Consult With a Top-Tier Stockton Personal Injury Attorney
Personal injury mediation is complicated. It can be a great option because it is an opportunity to resolve your case in an effective and efficient manner. With that being said, mediation is ultimately a negotiation. When defendants and insurance companies enter mediation, they often do so with a goal of resolving the matter for the lowest amount possible. Do not go it alone. It is imperative that you have an experienced Stockton, CA personal injury lawyer on your side. The right attorney can help to ensure that you enter the process well-prepared, with a solid strategy, and with a clear understanding of your rights. You need the maximum financial compensation. Your lawyer will know how to present evidence, frame arguments persuasively, and handle settlement talks.
Tip #2: Select the Right Mediator for Your Personal Injury Case
It is the mediator’s role to facilitate settlement negotiations between the parties. He or she should be independent. Indeed, in California, mediators are required to conduct the process in a fair and impartial manner (Rule 3.857). Not all mediators are equally suited to handle personal injury cases. The mediator you choose should have experience in personal injury law and a strong reputation for fairness and effectiveness. A skilled mediator understands the nuances of California’s liability and damages laws and can guide productive negotiations between you and the opposing party. A Stockton personal injury lawyer can help you find the right mediator for your specific case. Indeed, a local attorney will generally have some experience working with mediators in the area.
Tip #3: Gather and Organize All Documents, Records, and Supporting Evidence
Evidence is the foundation of any successful legal claim. You do not only need strong, compelling evidence for litigation, you also need it for your settlement negotiations, including personal injury mediation. Ultimately, defendants and insurers are not eager to settle cases for full and fair financial compensation. They generally will only agree to do so when you can present evidence that:
- Establishes their liability; and
- Proves the extent of your damages.
Before entering the mediation process, injured victims should gather all medical records, accident reports, witness statements, photos, bills, documentation of lost wages, and any other relevant details. They should also carefully organize these materials. A well-documented case strengthens your negotiation position. You can provide clear justification for the compensation you are seeking.
Tip #4: Develop a Clear Goal (Know the Value of Your Case)
Mediation is a negotiation. A successful personal injury mediation is generally one in which you walk away from the process with a favorable settlement agreement. Of course, that means you cannot necessarily expect to get everything you want. While there are some exceptions, it is important to know the extent to which you can reasonably compromise. Walking into mediation without a clear goal can lead to disappointment or an unfair settlement. Before negotiations begin, you should work closely with your Stockton personal injury attorney to determine a range for what would constitute an effective settlement given the severity of your accident, the extent of your injuries, and any potential weaknesses in your case that could come up during litigation.
Tip #5: Remember that You Have the Right to Withdraw and Move Towards Litigation
There are two ways to end up in personal injury mediation in California. The first is through a voluntary agreement between the parties. Both sides may welcome mediation in order to move towards a settlement. The second is through a court order. In some personal injury lawsuits, California courts compel at least one period of pre-trial mediation. However, regardless of how you got there, mediation is a non-binding process. You have the right to withdraw from it at any time and to prepare for personal injury litigation if the settlement negotiations are not productive. A mediator cannot force you into an unfair settlement. In some cases, filing a personal injury lawsuit is the only way to secure the compensation you deserve.
How Our Stockton Personal Injury Lawyers Can Help
Through a personal injury claim, you have the right to seek justice and financial compensation. Litigation is relatively uncommon, as the majority of personal injury cases are eventually settled. With that being said, a settlement is not always easy to reach. Mediation may be required. At Redkey Gordon Law Corp, we have extensive experience helping injured victims prepare for and navigate mediation. With over $25 million obtained for clients, our case results tell the story. Preparing for a mediation? You do not have to take on the process alone. Our Stockton, CA personal injury attorneys are proud to provide free, no obligation and completely confidential consultations.
Schedule a Free Consultation With Our Stockton, CA Personal Injury Law Firm
At Redkey Gordon Law Corp, we are a Stockton-based personal injury law firm that is committed to fighting for justice and compensation for the people who need help the most. If you have any questions or concerns about personal injury mediation, please do not hesitate to contact us today for a free, no obligation case review. Our firm handles personal injury cases across the region, including in Stockton, Sacramento, Sutter Creek, Lodi, Galt, and Manteca.