Personal injury is an area of the law that serves people who have been hurt by someone one else’s negligence. It’s been around for decades, if not centuries, but it had developed and changed over the years as modern technology has led to new types of personal injury, including the following:
Toxic tort cases
Work and auto accident cases
Nevertheless, no matter how rare or common your injury, if it wasn’t your fault, then you can take legal action and recover the cost of your injuries, hopefully making you closer to being financially whole, if not physically or mentally whole.
In addition, although personal injury law was once exclusively carried out through litigation, which meant going to trial, it isn’t anymore. As alternative dispute resolution processes have become popular throughout all areas of law, personal injury law has also adopted several of these practices, which include the following from most common to least common:
Negotiation is the most common.
Mediation is also rather common.
But, arbitration is rare.
So, let’s take a closer look at these two common alternative dispute resolution processes in personal injury law that might be displacing traditional litigation and dreamed-of trials.
Negotiation is a process that is non-binding. It begins at the very beginning stage of a lawsuit and can last up until the moment the trial is over. Negotiating is good when both parties put their interests on the table, and it also allows for a creative, quick solution. However, having lawyers skilled in negotiation and parties willing to negotiate is key to any successful negotiation.
Mediation, on the other hand, can be a binding process as long as the parties agree to have it so. In addition, a mediator usually serves as an intermediary between the two parties, who do not try to reach a settlement directly. These are the main difference between two very similar processes, both of which can help you get the settlement you seek.
So, if your case doesn’t go all the way to trial, that’s not necessarily a bad thing.
Jennifer Machie writes for Alamo Injury Attorneys.