WILL MY PERSONAL INJURY CASE HAVE TO GO TO TRIAL?
Most lawsuits do not go to trial. Rather, they are settled out of court by the parties and their attorneys. Why? Because trials are costly and stressful for everyone involved. Additionally, many times a case can be settled early in the proceedings if your attorney has access to all of the important evidence and witnesses.
After a lawsuit is filed, your attorney can gather evidence and interview witnesses. The better understanding your attorney has regarding the evidence of your case, the better advice your attorney can give you regarding the value of the claim, potential damages, and the risks involved in going to trial. This is why it is so important that if you are ever injured due to the recklessness or negligence of someone elsethat you quickly speak to a Houston personal injury attorney. Too many times people wait too long to seek counsel, and important evidence is lost or witnesses can no longer be found.
The Benefits of Mediation
Even if a case does not settle quickly, it will likely go to mediation. Parties are often skeptical that mediation can work, but the results of having a neutral third party help negotiate a settlement can have remarkable results. Mediators are often attorneys or retired judges who have training and certification in aiding parties to resolve disputes. So what is mediation? The parties and their attorneys meet in a neutral place, often the offices of the mediator. Initially, the parties and their attorneys assemble together with the mediator in a conference room, and the attorneys give their summaries of the case and the parties’ respective positions. If you have a personal injury case, this is where an experienced, local attorney will be of great value. By hiring a Houston personal injury attorney, your position will be stronger in mediation because you will have counsel who knows the law and how to negotiate the best settlement for you.
After the initial presentations, the parties are taken into private rooms;and the mediator splits time discussing the case and potential solutions with each party privately. Because mediators sign confidentiality agreements and cannot be forced to testify in court about what the parties divulge, it allows the parties to freely share their concerns and desires with the mediator. Importantly, mediation allows the parties to control the result of the case, something that cannot be said about going to trial.
Most personal injury cases that settle involve the parties meeting on middle ground with neither side getting everything they want. Because a good, local attorney can provide you with a better opportunity to gain favorable settlement terms, you should find a Houston personal injury attorney to guide you through the lawsuit and settlement process.