Category Archives: Personal Injury

Key Advantages of Personal Injury Mediation

Mediation, Personal Injury

If you are representing a client and going through the process of filing a personal injury claim for your client, choosing personal injury mediation in Houston can provide you and your client with a number of key benefits. Some of the most important include:

Confidentiality

It is not uncommon in personal injury cases for personal injury defense lawyers to request many years’ worth of medical records of your client in order to find a way to challenge your client’s personal injury claim. This may result in a person’s private medical information being shared and discussed with many other parties, including insurance adjusters, insurance company employees, and possibly others. The defendant may also face the disclosure of damaging information that they do not want the public to know. Mediation is a confidential process where the parties cannot repeat whatever was discussed during the mediation session if the case is not resolved in mediation.

Cost and Time Savings

Both parties stand to save significant time and money by resolving their dispute through mediation. Litigation is expensive and can cost an exorbitant amount of money to pay attorney’s fees, court costs, expert witness fees and other expenses. Litigation can also drag out for a long time. Mediation can be scheduled quickly, based on the schedules of the parties, their attorneys, and the mediator. Scheduling mediation early in the litigation process can potentially help avoid many expenses associated with litigation.

Predictability

Houston Texas mediators can also help provide a more predictable outcome. If the parties reach an agreement during the mediation, they both know the end result of the case. They will not be surprised by a judge or jury’s decision at trial. Furthermore, the parties reach an agreement based on their own terms, not those imposed by a third party.

Learn more about how Houston mediators can help resolve your client’s personal injury claim by contacting us today.

Presenting Your Client at Personal Injury Mediation in Texas

Personal Injury

Personal injury mediation in Houston Texas is being increasingly tapped into as an effective case settlement tool.  Parties to legal disputes, including those involved in personal injury cases, recognize the tremendous benefits of being able to resolve legal claims in a private setting in a faster manner and with fewer legal costs and fees.  Part of the process of personal injury mediation in Houston Texas is to present each party.  This gives the other side a glimpse into how the client would appear in front of a jury.

Experienced legal counsel understands that a significant part of the mediation process involves presenting the client and not just the case.  In order to make the best impression, it is preferable to prepare the client before the mediation so that he or she can play a strategic role in the general session.  If the client was injured in an accident, he or she is in the best position to explain the impact of the accident, including the health impact, how the accident affected the client’s job and how it changed his or her life.

This information is best communicated firsthand from the client rather than through a lawyer who will not be as passionate about things as the person who directly had to deal with them.  Presenting a client in this vulnerable state can allow the other side to see how the person might present to a jury and the emotional impact his or her testimony might have.

Using Active Listening in Personal Injury Mediation in Houston TX

Personal Injury

A professional mediator utilizes a number of important skills to effectively advocate for settlement by the parties during personal injury mediation in Houston TX.  One of these skills is actively listening.  By engaging in active listening, a mediator can help communicate with the parties better throughout the process of personal injury mediation in Houston TX.

Research indicates that many people ignore anywhere between 70 and 90 percent of what someone says to them.  Instead of listening, many people simply formulate a response to what the other person is saying rather than really focusing on what that party is saying.  However, if a mediator follows this general trend, a lot of relevant, important information will be lost.  Mediators know how important it is to actively listen, especially in cases involving personal injuries.  A mediator provides undivided attention to the person who is speaking in order to gather all of the necessary information that is being conveyed.

An effective strategy to actively listen is to rephrase what the speaker said in one’s own words.  The speaker then communicates whether this interpretation was correct or not.  If the mediator is correct, the speaker feels affirmed.  If the mediator’s summary is incorrect, the speaker can correct any misunderstandings.  This method helps clarify important facts and issues.

Active listening helps ensure that the person listening understands what is being said.  It helps build trust and rapport between the mediator and the speaker.  After the speaker sees the mediator performing this ritual, he or she may begin to copy it when communicating with the other party, leading to clarity and better understanding.

Choosing a Mediator for Personal Injury Mediation in Houston TX

Personal Injury

Selecting a proper mediator for personal injury mediation in Houston Texas makes reaching settlement much more likely. Whether you represent the plaintiff or the defendant in a personal injury case, there are qualities you (and opposing counsel) should seek in a mediator. As you prepare for personal injury mediation in Houston Texas, be sure to keep the following characteristics in mind.

First, do not fret over whether the mediator has primarily represented plaintiffs or defendants in previous practice. In many cases, it is beneficial to use a mediator with experience on the “other” side of the claim. These mediators are able to offer additional insight into the strengths and weaknesses of the case, and may be able to assist in anticipating the opposing side’s arguments.

Select a mediator who mediates cases often. Although most mediators complete similar training before they earn their certifications, those who mediate frequently will be more experienced in the nature of personal injury claims and the emotions they involve.

Similarly, it is also important that the mediator has reached settlement in a majority of personal injury cases. A high rate of settlement speaks volumes as to the mediator’s negotiation style and ability to overcome perceived impasses.

Consider your clients’ personalities as well when seeking a mediator. Would your client fare better with a mediator that allowed them more leeway in making decisions, or would a mediator that discloses what a judge may rule be better?

With these tips in mind, you will find an excellent mediator.

Tips for a Personal Injury Attorney in Houston Texas

Personal Injury

Personal injury cases can be difficult and tricky, and they often require the intervention of a professional mediator. If you are a personal injury attorney in Houston Texas, and you are unsure of whether or not to retain a mediator, here is some information that may help you solidify your decision, whichever way it leans.

Ultimately, the point of mediation is to help the disputing parties come to an agreement that is fair for all sides. In personal injury cases, this usually involves deciding how much money one side owes the other for damages and who is at fault for what. It isn’t always easy to know when you should retain a mediator.

If there is uncertainty or dissent over the severity of the injury or how much fault falls on whose side, mediation could be a helpful tool. If your client and the other party are trying to agree on a financial settlement and there is a difference of at least $2000 in what each side feels is owed, mediation may be necessary. In addition, if the only remaining option for resolution besides mediation is bringing the case to court, retaining a mediator could be the best way to save the time it would take for the case to go to court.