PREPARING THE VICTIM FOR MEDIATION FOR A PERSONAL INJURY CLAIM

Mediation is one of the most important parts of personal injury case, and it is usually ordered and endorsed by the court. Mediation is a crucial stage where there is a resolute or strong possibility of a settlement. Lawyers of both parties will be skilled at negotiating. Therefore, it is important to prepare for a mediation session.

First, before the mediation takes place, the lawyer should explain to the victim what the mediation process is about, and what it seeks to achieve.

All that Hard Work

The plaintiff should also understand that if they have gathered enough evidence this process should go their way. This is why you are supposed to work with your attorney so that you are fully prepared for this day.

Treat People with Respect

It also helps to be patient and cordial with people. Screaming at people at the scene of the incident is a turn off. Ordering people to stand by you and to help you piece together what happened is just not going to work. Even people that would have normally been motivated to help you out would not be interested in helping you out any more because of your behavior.

Many victims have high expectations about what they should receive for their pain and suffering, but in actuality, it is more of a mathematical calculation based on the medical costs, and loss of income. The victim should be apprised of common practices used for calculating compensation for pain and suffering so that there is no over expectations or anger.

No Embellishment

The next part is carefully preparing the victim to present his or her side of the story. During mediation, the victim will be face to face with the defendant, and this could bring out emotions or anger. The victim should know that he or she is not required to, and should not answer any direct questions. The defendant’s lawyer might try to cross-examine the victim, which should be prevented at all costs during a mediation. However, go over the story and what happened, clearly and in a logical sequence. It is important that the victim stick to what is practiced and does not add anything on his own during mediation.