Following a serious California truck accident, and as our blog has discussed on previous occasions, the goal is for the victim to get the compensation he or she needs to pay past and future bills related to the accident and to move on with their life. Moreover, a victim will often deserve at least some compensation for their pain and suffering and other non-economic injuries.
In some cases, a judge may order the victim to mediate with the other side, and the other side’s insurance company, in an effort to get the matter resolved. In this case, the victim will have to at least give mediation a good faith effort.
Although whether to volunteer for mediation is really a question to be discussed with one’s personal injury attorney, there are a few advantages to the process a person should keep in mind.
Mediation is basically a negotiation session or sessions that gets guide by an expert at bringing two different sides to the point of reaching an agreement. As such, mediation, like negotiating, allows a victim to get something rather than risk getting nothing at all, or much less than what they need, at a trial. In other words, mediation gives a victim some more predictability. It also is an efficient process that can mean less time and stress dealing with a lawsuit and more time focusing on one’s recovery.
On the flip side, victims need to remember that mediation is a give-and-take process, meaning that they likely will not leave the mediation fully satisfied. Moreover, it is important for the victim to understand how the process works and what can and cannot be accomplished. In this respect, it should be noted that the insurance company’s adjuster has likely been through mediation before.