Articles Tagged with mediation

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meeting-room-10270_1920-300x225I started to title this post Four Reasons Why Personal Injury Mediations Fail (And One Reason Why They Should Fail). That title is too long. So, I’ll primarily address four reasons why personal injury mediations do NOT succeed. Then, I’ll end with some commentary about an occasion when mediations should fail.

Our law firm philosophy is clear. We prepare all cases for trial. We believe preparation leads to better long-term results both at trial and settlement. When we survey all the lawyers mass-advertising on billboards, television and radio, it is clear many attorneys view matters differently. Those mass-advertising lawyers are usually about quantity rather than quality. That’s a sad commentary on our profession.

Let me return to my discussion of personal injury mediations. What are some reasons why a personal injury mediation may fail? Here are four:

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Years ago, an engineer friend of mine served on a jury in a personal injury case. Later, he told me that during the entire process he (and several other jurors) believed information was not being provided them. They were right. Sometimes evidence is not admitted at trial and not seen by the jury. Our evidence rules are designed to prevent evidence that is not relevant or too prejudicial from being considered. But, sometimes the same rules also prevent the jury from hearing evidence needed to tell the full story.

If you have been hurt and need a lawyer, you need one with trial experience. Procedural and evidentiary rules can be complex. Your lawyer needs to know the rules and how to apply them quickly in trial situations. Unfortunately, many of the lawyers now advertising for automobile accident cases do not go to court. Some have never been to trial. They would not know how to argue a case effectively in a courtroom. Insurance companies know which lawyers will go to trial and it impacts the settlement offered you. When hiring a lawyer, you should absolutely ask questions about real trial experience.

What is one big issue kept secret from the jury? At trial, the jury is never told that the defendant actually has insurance. The rules in Alabama, and many other jurisdictions, forbid the jury from being informed about the defendant’s insurance coverage.