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How do injury cases get resolved? At some point after you’ve been injured, hopefully you’ll make a full recovery. If your injury is very serious it’s possible that it won’t heal completely, but in either case your doctors have done everything they can and you’re at what they call a “medical end result.” Once you’ve reached a medical end result, I review all of your medical records and we move forward to resolve your case.
There are four main ways that injury cases get resolved, usually with the insurance company for the person that injured you. The four ways are: Negotiated settlement, Mediation, Arbitration and Court Trial. A negotiated settlement is a back-and-forth discussion, usually more like a debate actually, between the insurance company and me about the value of your claim. The negotiations can take place over time as each side might raise new arguments or obtain additional medical opinions in response to arguments from the other side. If both sides agree on the amount, settlement documents are signed and the insurance company pays you.
Mediation is a more formal type of negotiated settlement. For mediation, the two sides agree to meet with an independent mediator– usually a retired judge or an attorney, to help them negotiate a settlement amount. To convince the parties to agree on a middle ground, Mediators often play “devil’s advocate,” by pointing out to each side why their opponent’s case is stronger than it may seem. Again, if both sides agree on the amount, settlement documents are signed and the insurance company pays you.
The third option is Arbitration. For arbitration, both sides agree to hire an independent arbitrator, again, usually a retired judge or attorney. An arbitrator, however, is hired to listen to evidence from both sides and make a binding decision. It’s like a court decision but the process is shorter and less formal than a full court trial.
The fourth way to resolve your case is by a Court Trial where a jury listens to the evidence from both sides and then gives its binding verdict.
Call me and I’ll guide you through the process. 413-592-0999