PERSONAL INJURY CASE PROCESS - HOW THE PROCESS WORKS

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Mediation/Arbitration
Mediation and Arbitration are alternative ways of settling your case without going to trial. Since jury trials are often risky for many reasons, Mediation and Arbitration are attractive choices for getting a good value on your case. Mediation is a conference with you, your attorney, the defendant, and the defense attorney in front of a retired judge. Mediation is in many ways similar to a condensed trial. Both sides present their evidence and the mediator works with everyone to encourage compromise and bring resolution. Mediation is non-binding, meaning that at the end of the day, if we cannot reach an acceptable resolution, we can walk away and proceed with litigation and trial. Arbitration is the same as Mediation, except that it is binding, meaning that after both sides have presented evidence, the arbitrator makes a decision on the value of the case to bring the matter to a close.  If you agree to have your case resolved by Arbitration, then you must accept the arbitrator's decision.

Trial
If your case cannot be settled through negotiation, mediation, or arbitration, it may be necessary to go to trial and have your case heard before a judge and a jury. Trials are typically set approximately one year after the lawsuit has been served on the defendant. Once a trial date is set, the Court issues a Scheduling Order which sets forth all the deadlines for filing certain pleadings and discovery in your case. During this time, the attorney will work closely with you to prepare all the documentation needed to comply with the Scheduling Order. When trial approaches, the attorney will meet with you to discuss the logistics of trial, such as the witnesses who may be called, exhibits that may be used, and the way the trial will proceed.

On the day of trial, you and the attorney will go to court and present evidence to the jury to support your case. The evidence we will use usually consists of expert witnesses such as your doctors, lay witnesses such as friends, family, and co-workers, medical illustrations, exhibits, and your testimony. After we have finished presenting our evidence, the defense counsel will have an opportunity to present evidence as well. After all evidence has been presented, both attorneys will make closing statements and the judge will give the jury instructions on the law applicable to your case. The jury will deliberate and then deliver a verdict.

Disbursement
After a settlement amount has been agreed upon, the insurance carrier will mail a check for the total amount of the settlement to our firm. This check will be made payable to you and our firm. We will deposit this check in our Trust Account and prepare a disbursement sheet outlining the expenses to be written out of the settlement. The legal assistant or attorney will review the disbursement sheet with you and answer any questions you might have. Once you are satisfied with the disbursement, we will write checks out of the settlement in the Trust Account to pay for attorney fees, costs advanced, any liens or medical bills, and a check to you for your settlement proceeds.