Personal Injury Cases and Mediation
Mediation refers to a process that allows parties in a lawsuit to avoid gong to trial. Rather than a judge presiding over a case, a mediator helps the parties make a deal and reach a settlement that everyone finds agreeable. The lawyers of Flickinger Sutterfield & Boulton have helped numerous clients resolve their cases out of court thanks to the mediation process. The Provo, UT personal injury and accident attorneys at our law firm would like to go through some of the basics of the mediation process. This should help you understand how it works, what the process entails, and why it may be a good option for avoiding a full trial in your case. Why Mediation May Be Preferable to Trial A trial can last a long time with great expense from both parties involved. There is noting certain when a case goes to trial as well, which means the final outcomes may not be in your favor. With mediation, an deal that is mutually agreeable and beneficial can be reached. Many cases are mediated and settled out of court. Who Is Present During Mediation? During mediation, the plaintiff and the defendant camps are placed in separate rooms. You will be present with your attorney. Any loved ones, family members, or parties important to the case may be there as well. In a separate room, the defendant’s lawyer and representative from their insurance company are usually present; the defendant may or may not be there in the room during mediation. What Happens During Mediation? The mediator goes back and forth between each room to hear your side of the case. They will have received information from both lawyers so they are familiar with the general circumstances. The mediator, though an unbiased party, may point out risks or weaknesses in your case as it is presented. All things said in the room during mediation are confidential, and the mediator does not share that information with the parties in the other room. How Should I Prepare for Mediation? Be sure to dress well during mediation and to discuss any concerns with your attorney ahead of time. Your legal counsel will typically walk you through the process and what to expect. In most cases, your attorney will do a lot of the talking, yet conversing with the mediator directly is likely to occur. Settlements During Mediation At a certain point during the mediation process, the mediator will present a proposed settlement from the defendant. This amount will usually be determined by the insurance representative for the defendant based on comparable incidents. From this point, the amount and the nature of the deal can be discussed and negotiated further. Be sure to weigh your options with your attorney carefully. How Long Does Mediation Take? In many cases, mediation is wrapped up in just a day or two, which is far less time than the months required for a full trial. However, sometimes mediation can take many days or even weeks depending on the nature of the case. This is something that can be discussing with your attorney as you prep for mediation. Contact an Experienced Personal Injury Lawyer For more information about lawsuit mediation and how it can help you and your loved ones, be sure to contact our team of personal injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our office in Provo by phone at (801) 753-1616.
Types of Damages in Personal Injury Cases
If you have recently been seriously injured in an accident caused by someone else’s negligent or deliberately wrongful actions, you probably find yourself faced with unexpected and overwhelming financial burdens due to hospital bills, lost wages, and other losses and expenses. In light of this, you have every reason to be considering legal action and, if so, to be wondering what your possible personal injury claim might be worth. After all, it isn’t fair that you should be liable for debts that aren’t your fault, especially when you already have to deal with the physical and emotional consequences of your injuries. Before you can understand how much your personal injury claim might be worth however, it is important that you first understand what the term “damages” means, as well as what types of damages you are able to recover according to the law. It is even more important that you select a personal injury attorney who is skilled at identifying the full measure of damages to which you are entitled, as you get only one opportunity to seek compensation through the civil court system. If your attorney fails to identify a current or future loss or expense that you deserve to be compensated for, you permanently forfeit the right to seek that compensation once your case has been settled or tried to verdict. Fortunately, you have access to one of the most diligent legal teams in the nation at the law firm of Flickinger Sutterfield & Boulton. Once they have helped you understand the types of damages in personal injury cases, our Provo, UT attorneys will set out to ensure that you receive every cent that is rightfully yours. All you need to do to get started is contact our law firm to arrange for an evaluation of your case today. What Does “Damages” Mean? The term “damages” refers to monetary compensation awarded to the plaintiff to cover losses and expenses related to an injury. This compensation is provided by the defendant due to his or her being responsible for the accident that caused the plaintiff’s injury. While most damages are obtained through settlements reached before a case goes to trial, some are awarded as the result of jury verdicts. Types of Damages There are two basic types of damages: compensatory and punitive. Compensatory damages can further be broken down into special damages and general damages. Special damages include compensation for losses and expenses that have actual, specific dollar amounts attached to them, such as medical bills, lost wages, and property damages. Special damages can usually be demonstrated through receipts, pay stubs, and other tangible methods. On the other hand, general damages are more abstract. They include compensation for non-tangible injuries, such as pain and suffering, mental anguish, and loss of quality of life. These amounts must be estimated and can be difficult to prove, requiring particular skill on the part of the attorney. Unlike compensatory damages, which are intended to compensate the plaintiff for actual losses and expenses related to his or her injuries, punitive damages are awarded strictly to punish the defendant for instances of egregiously negligent behavior. Usually, punitive damages are awarded only when the defendant’s behavior is so wrongful that it borders on, or crosses the border over to, maliciousness. Arrange for an Evaluation of Your Case Today To arrange for an evaluation of your personal injury case, please contact the law firm of Flickinger Sutterfield & Boulton today.