Mediation vs. Trial: Which Is Better for Personal Injury Cases?
There is no one-size-fits-all approach to a personal injury case, and much depends on the legal strategy that you select. A Riverside personal injury lawyer at Heiting & Irwin has the tactical experience to help you make the necessary decisions in your case, and to carry them out.
Personal injury cases can end in a settlement if you can reach an agreement. You may have to take your case to trial if the defense will not pay what you deserve in a settlement. There are times when mediation can be beneficial for your case; but there may be other instances when you have no other choice but to go to trial. It is a real advantage to have lawyers that have that track record, expertise, and qualification.
The experienced Riverside personal injury attorneys at Heiting & Irwin are available to you to discuss your case, explain your legal rights, and to take the action needed to maximize your recovery or appropriate damages. To speak with a personal injury lawyer, reach out to us at (951) 682-6400 immediately to schedule a free initial consultation.
Mediation or Trial Depends on Your Personal Injury Case
Whether mediation or trial is better depends on the facts and circumstances of each case. How your case proceeds may be determined by an individual insurance company and whether they are taking a hard line, or attorneys who make posturing all-important and are not reasonable or thoughtful enough “to see the light”. Heiting and Irwin will drive them to flip that switch and have a better understanding of why the case should settle; or they will take the case to trial. There are times when your cause may be aided by guided settlement negotiations, and there are other times when you may simply need to take your case to trial because you have no other choice.
Mediation is a step to take to push for an agreement when the parties may not be able to land on the same page. It can be extremely helpful.
The Benefits of Mediation for Your Personal Injury Case
Mediation has the following benefits for personal injury claimants (and more):
- Quicker resolution than if you had to wait years to go through the trial process
- Lower costs involved
- Greater control over the outcome, and no risk of an unpredictable jury verdict
- Reduced stress as there is no trial, no testimony, no court appearances necessary for the client.
But, even if you engage in mediation, whether through your choice or directed by the court, you may still end up without a settlement agreement. The defense may not be willing to concede full liability in your case, or in giving you all the money that you deserve. In that case, you may need to have the option and capability to go to trial.
Why Parties (and Insurance Companies) May Not Want A Personal Injury Trial
In most instances, a trial is not the ideal way to resolve a case, for the following reasons:
- Trials are costly to everybody. Tens of thousands of dollars will be spent by both (all) sides
- The parties surrender any control over an outcome the jury decides
- A jury may award you far more in damages, or far less, than the defense attorneys were willing to offer in settlement negotiations
Still, a calculated risk is worth taking sometimes with experienced and successful trial counsel at your side. Let the jury decide how much money you may deserve and whether the defendant should be held liable for your damages. A trial may be an option that is forced on you because the other side simply will not give you what you deserve.
In the end, your personal injury attorney will help you make the best decision based on the individual circumstances of your case. You always want a personal injury lawyer who has experience and success in the courtroom and can try your case if that is what is necessary.
Contact a Riverside Personal Injury Law Firm
The experienced and successful Riverside personal injury attorneys at Heiting & Irwin will work with you on settlement or trial, on a strategy that is tailored to your case. You can speak to one of our Riverside personal injury attorneys by scheduling a free initial consultation. Message us online or call us today at (951) 682-6400 to get started on your case.
