Zachar Law Blog

What happens at mediation in a personal injury case?

A mediation is another term for a settlement conference.  The person that assists the parties in reaching a settlement is called the mediator.  Unlike an arbitration where an arbitrator decides the case through a decision following the presentation by both parties, a mediator has no authority or power to resolve the case.  In a mediation, only the parties have the authority or ability to settle the case and only if both sides reach an agreement to do so. 

Prior to the mediation, each side submits a memorandum outlining their respective positions so that the mediator has an understanding of the case.  Mediations usually take place at the office of a mediator and only the parties (and their respective attorneys) attend.  Each party is placed in a separate room with only his/her counsel present.  Separating the parties helps to ensure a less-stressful, non-confrontational environment.  Everything discussed at the mediation is confidential and cannot be used later against either party at trial should their case not settle.  This confidentiality enables the parties to freely discuss their case without the fear that what they say to be used against them later.

The mediator usually discusses the case with the plaintiff (persons asking for money from the defendant) first.  The mediator wants to know the plaintiff’s positions and what amount the plaintiff is willing to accept as a settlement.  The plaintiff’s attorney will usually speak on behalf of the client, though the mediator may ask some questions or want to hear directly from the plaintiff.    The mediator, who is impartial, will usually present the plaintiff with the mediator’s perspective of the case and will often point out any problems the plaintiff may have at a trial should the plaintiff not settle.  The mediator will then meet with the defendant to share the information received from the plaintiff (including the plaintiff’s initial offer to settle).  The mediator will usually point out the problems with the defendant’s case and provide the defendant with the risks he or she may face at trial should the matter not settle.

If the parties reach an amount they both agree upon, the mediator will usually draft a brief settlement agreement for the parties and their counsel to review and sign.  If they do so, they will have settled their case.  The parties will typically agree that despite the signing of the agreement, they will prepare a more formal agreement to be signed by the parties that contain more extensive language- such as confidentiality clauses, etc.  If they do not reach an agreement they will proceed with the case through the court system.  The parties can still attempt to settle their case as they move forward in litigation.

What percentage of cases are settled prior to trial?

Settlement can occur at any point in the progress of a case. 

It is always our goal to prepare a case adequately, and settle with the insurance company before a lawsuit.

However, this is just not always possible.  We cannot control how much the insurance company offers.

However, we can refuse to accept it and fight them for a better and more appropriate settlement.    Lawsuits exist for this very reason.

Not for the greedy.  Not because you “are mad and want revenge.”  That is what insurance companies say because they don’t like the process.

Lawsuits take the decision out of the hands and control of insurance companies, and they don’t like it.

But we do.  It means that the legal system works for our clients. 

The good news is that most of our cases will settle “pre-litigation” (before a lawsuit is needed).  

As for the others—those that require lawsuits—what percentage of those cases settle before trial?  A very high percentage, like 97-98%. 

You see, everyone prefers to settle, even insurance companies.  They want to settle for THEIR number, and we want to settle for OUR number. 

Lawsuits and the battle often narrow the field, and a good litigation attorney on your side makes all of the difference. 

An experienced Phoenix personal injury TRIAL attorney, well-versed in the facts and law surrounding your case, will get you a better settlement.  The statistics are evident in this.

 

How long does a personal injury lawsuit in Arizona take?

How long a case will take to resolve in litigation (if no settlement is ever reached) is dependent on the (1) complexity of the case, (2) the amount of money at issue (i.e. the value of the case), and (3) the particular schedule of the attorney’s and the judge assigned to the case. 

Despite these variables, there is a general answer to this question which includes one additional variable.   Litigation occurs when one files a lawsuit.  In Arizona, once a lawsuit is filed, you have ninety (90) days to serve the at-fault driver or person responsible for your injuries. 

The time for service is entirely dependent upon how quickly the at-fault party can be served.  It can take one week or more than 90 days.  Once served, a defendant has 20 days to file an answer.  The time for a case to resolve from the day the answer is due can take anywhere from 4 months to more than a year, depending on whether litigation means arbitration or trial (this is the one additional variable I referenced earlier).   

In Arizona, a plaintiff must file a certificate of compulsory arbitration with the Complaint (again the Complaint commences litigation).  This certificate determines whether the case is subject to arbitration or not subject to arbitration (arbitration v. trial).  The difference is purely monetary.  If the case is valued at $50,000 or less, the case is subject to arbitration and litigation will presumably last between 4-6 months from the time a defendant files an answer. 

If the case is valued at more than $50,000, the case will ultimately be scheduled for a jury trial which would not typically occur for at least one year (often more) from the time the defendant files an Answer to the Complaint.

Should I Accept the Insurance Company’s Settlement Offer?

Most times, the insurance company’s settlement offer is their first offer.  It is important to understand that insurance companies will do their own independent evaluations of your claim, and decide what they think they should pay—not necessarily what is fair.

This means that they might not consider some of your medical treatment to be related to the accident, they might not consider all your lost wages and will certainly discount the effect on your life.   

Insurance companies will generally use whatever tricks and calculations they can to pay you as little as possible.  Then, they will try to convince you to accept a settlement for less than what you are entitled.

This is why it is so important that you hire an experienced Phoenix personal injury lawyer to help you through your case. 

After an accident, your main focus should be getting the medical treatment you need to recover from the accident and dealing with your property damage, lost wages and other expenses.  Do you know how to address these?  Do you know what to say and what not to say to the insurance companies?  What if you say too much, or the wrong thing?  How might that impact your case?

An experienced Phoenix personal injury lawyer will allow you to focus on the most important person…yourself, while the lawyer deals with making sure the case is set up the right way to best maximize your recovery at the end of the case.   An experienced Phoenix personal injury lawyer will make sure that your medical treatment is the right treatment for you, and gets included in the insurance company’s assessment.  An experienced Phoenix personal injury lawyer will make sure that your pain and suffering and other damages are accounted for.

Understand, for an insurance company, you are merely just another claim number. But to Zachar Law Firm, you are our client.  That is a responsibility that we take very seriously, and it is the job of Zachar Law Firm to turn you into a real person whose life has been affected by the injuries—and not just a number.   

The insurance company just wants your case settled and off their books, for as little as possible.  But Zachar Law Firm, your experienced Phoenix personal injury lawyers, and staff will prepare your case and fight for you to make sure you get every penny that you reasonably deserve.

When your case settles, it is over—forever.  You cannot come back later for anything more, so it imperative that before you agree to a settlement, that you know you have the best deal possible.  Hiring the right experienced Phoenix personal injury lawyer, early in the process, will help you get everything you understand everything and get what you deserve before you settle.

What questions will be asked in a personal injury deposition? Follow these tips.

When you are a victim of a personal injury, ZLF will make reasonable every effort to settle your case. But understand, we cannot force the insurance company for the at-fault party to pay.  Indeed, sometimes they just don’t. Sometimes for a good reason, sometimes for a bad reason.  Sometimes, for no reason. Sometimes a lawsuit is necessary.  At ZLF, we are ready. Willing and able to take this step for you. After the lawsuit gets filed, the other side may request your “deposition”. What does this mean?

 It means that the other attorney gets to sit down with us,  and ask questions. What kind of questions?

In a personal injury case, there are three main areas:

1. Your life and your health before the incident that caused your injuries;
2. The circumstances of the incident that caused your injuries; and
3. Your life and your health after the incident that caused your injuries.

Before this occurs, we will sit down with you to prepare you for your deposition and then, be assured that we will be sitting right beside you when the deposition takes place.

If a question is not fair, we will protect you.  If a question is related to the case, we will protect you.  If the defense attorney is not nice, we will protect you.

We cannot avoid the defense attorney’s right to take your deposition, but we can make sure you are ready, and we will be right there beside you the whole way through.