Carey Law, PLLC Frequently Asked Questions

Mediation is an informal process where the parties in the dispute explore opportunities to resolve the issue through a negotiated agreement. Mediation typically will follow an exchange of information submitted to the mediator, privately by both parties, which is held in confidence. On the date of mediation, the mediator will meet separately with each party and will explore opportunities to resolve the dispute by negotiated agreement. Often, mediation occurs after a lawsuit has been filed, but pre-suit mediation can be an effective way to avoid litigation (going to court) altogether. If you are looking for mediation lawyers, call us today. 

Through mediation, each party has control over the outcome of the negotiations. When you take the dispute to trial, the finder of fact, often the jury, decides who is right and who is wrong. Jury verdicts are often an all-or-nothing proposition. One party wins and the other party loses. By negotiating a resolution at mediation, each party has some control over the outcome of the dispute. Rarely will either party get everything they want, and the process requires some give and take based primarily on the underlying facts, and the controlling law. Mediation allows both parties a chance at a win-win resolution.

Cost is another factor to be considered. Litigation through trial is expensive. The longer a case takes to reach a resolution, the higher the cost. Attorney’s fees are often not recoverable at trial. Therefore, mediation can result in substantial savings for both sides of the dispute.

Finally, court cases take years to resolve, especially if an appeal is filed by either side. A successful mediation results in a resolution of the dispute and avoids a trial and the appeal process.

A trial court will often order the parties to engage in mediation or alternative dispute resolution (“ADR”) as part of the pre-trial scheduling order. Although the parties are required to attend a mediation session, the court cannot force a negotiated settlement. From that perspective, any resolution by mediation lawyers is completely voluntary.

If you or anyone is injured, seek appropriate medical help. Secondly, contact your insurance company. The failure to contact your insurance company may affect the policy coverage you have already paid for. Auto insurance policies will often have a medical payment provision in the policy, which will pay a limited amount of money, regardless of fault, for treatment costs for accident-related injuries.    

Your personal safety is paramount! If it can be done safely, and regardless of fault, gather information about the accident: the name, address, and phone number of the other driver, the passengers in the other vehicle, standby witnesses, and responding law enforcement officers. Often, law enforcement will gather most of this data. Take some photos of the scene, the damage to your car, the damage to the other vehicle, and any other property damage. Note the date, time, and location of the accident. Note whether there are security cameras, some of which may be located on nearby buildings, that may have videos of the scene. Keep all conversations limited to the above data. Do not admit fault, and do not apologize for the accident. Anything you say is admissible evidence, so speak carefully. If you are hurt, contact different personal injury lawyers to discuss a plan. If you are the at-fault driver, contact an attorney.

The claim process starts with a phone call to the auto insurance companies that insure each driver. You should call your own company before speaking with the other auto insurance company. The “first notice of claim” to your carrier will involve an information-gathering phase with the names of the drivers, the passengers, the date, time, and location of the accident. The vehicles involved will be identified for coverage purposes. The claims professional should review your available coverages, and advise you concerning those coverages.    

If you are hurt and will assert a claim for damages against the other driver, their insurance company will want to interview you about your injuries. Before you talk to the other driver’s insurance company adjuster, you should consult with your attorney. If you elect to be interviewed, ask that your attorney be present, and ask for a transcribed copy of the interview. The interview will likely be audio-recorded. The adjuster should advise you that the interview is being recorded. You can record the call as well, but be sure to let the adjuster know that you are recording the call.    

The adjuster will ask you to sign a medical records release so that the company can gather and evaluate your injuries, and assess the cost associated with the treatment for those injuries. The adjuster may also ask for a work records release if you were forced to take time off from work to recuperate. This data is necessary to “adjust” your claim.    

There is no typical timeframe to achieve claim resolution. Some personal injury claims are resolved in a matter of weeks or months, others take months or years. The length of time is most often determined by the extent of your injuries. The question of when to settle the claim is often determined by your treatment for accident-related injuries. If you are still being treated and you are not at maximum medical improvement (MMI), then a resolution at that point is premature. There are always exceptions, which are too numerous to articulate, so please contact one of our personal injury lawyers today to learn more.

The statute of limitations (“SOL”) for negligence actions is unique to each jurisdiction. Compliance with the SOL is extremely important. If you miss the SOL, you may and probably are barred from ever bringing a lawsuit for your case. So, talk to one of our personal injury lawyers and make sure you know what the SOL is for your case in your jurisdiction.