Today I settled one of my trucking-car accident cases through mediation. Mediation for those of you who are not familiar with the process, is an alternative dispute resolution process that I frequently employ with good results. As a Dallas Wrongful Death Attorney, I use mediation as a settlement instrument in 80-90% of my personal injury cases.
Usually after the lawsuit is filed, initial discovery is shared and the first round of depositions have taken place, both sides of the dispute will have a good idea of the strength and weaknesses of their respective case. No one case is perfect on all counts.
That is when I usually approach the opposition and ask them to consider and participate in the mediation process. Today we had such a meeting, which was held at a neutral place, the office of the neutral attorney mediator. It is the job of the mediator to listen over a period of several hours to both sides of the conflict and urge both sides to come to a settlement.
Sometimes the mediation process fails and the case goes to trial, this usually happens when the parties are too far apart. That happened to me at the last mediation, 2 weeks ago on a dog bite case. We go to trial in October.
In the present mediation, my client had significant soft tissue injuries after she was rear ended by a 18 wheeler truck. She developed chronic pain and had to have significant medical therapy. The outcome could have been much worse, she could have died as a result of the accident. In this case both vehicles had become locked as a result of the accident and the truck driver did not realize that he was in an accident as he continued to drive. It came to his attention when another truck driver called him on the radio that he was pushing a car up the hill.
I am glad to report that the case settled for a confidential amount and the truck driver/company accepted liability.
If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, dangerous and defective drugs, bad product, toxic injury etc then please contact the Dallas Texas Wrongful Death Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 214-390-3189 or Contact Me Online.
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