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What happens during a car accident mediation?

By The Law Office of WT Johnson on April 2, 2013

If you’re the victim of a Dallas car accident, and have decided to file a personal injury lawsuit, you might be facing a mediation. Instead of going to court, a mediation is when you and your Dallas car accident attorney meet with the opposing attorney, and usually a representative from the defendant’s insurance company to settle your car accident case.

You already feel overwhelmed about all your medical bills and missed work, but now you wonder what faces you during your car accident mediation. To help you feel more prepared for what lies ahead, here are the common procedures involved in a car accident mediation:

  • Set the rules: When your mediation begins, the mediator will share a few ground rules rules such as whatever is said during mediation is not admissible in court. That means you can freely share your thoughts without worrying about something you say being used against you if your car accident case isn’t settled and ends up in court.
  • Give your side of the story: After hearing the rules, each side gets a chance to share their opening statements. If you are making the claim, you get to speak first and explain your view of the case and how you think it should be resolved. Then the opposing party is given the same chance to share their view and how they think the case should be settled.
  • Negotiate: After opening statements, usually each side goes to a separate room. The mediator rotates between rooms with offers and demands, which is called caucusing. The process can take all day since usually the defense starts out with a low offer, and it can take a lot of negotiation to end up at a reasonable settlement.
  • Compromise: Finally, after much discussion you and the opposing side will come to a compromise. No one wins or loses, but each side usually ends up content with the settlement result. Discuss beforehand with your Dallas car accident attorney how far you are willing to compromise.

It takes a skilled lawyer to get you the compensation you deserve through a mediation. That’s why it’s important to find a knowledgeable car accident attorney. The personal injury lawyers at the Law Offices of W.T. Johnson have years of experience getting Dallas car accident victims the justice they deserve. Contact us today and set-up your free consultation.

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Posted in: Car Accidents

If you would like to discuss your claim with a member of our team, don’t hesitate to call us at (214) 231-0544. We’re ready to help you, and won’t rest until you receive the settlement you deserve.

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