Personal Injury Mediation - What Is It?

"Personal injury" is a legal term. As opposed to property injury, personal injury refers to an injury to someone's body, emotions or mind. The term "personal injury" often is used to refer to a kind of tort lawsuit that alleges that another person's negligence or carelessness caused a plaintiff's injury.

In addition, if actions (or inaction) caused a person to be injured, then she or he is entitled to bring a personal injury lawsuit against the individual, people, or institution who caused their injury. Personal injury lawsuits can also arise from defamation torts.

Whatever the basis of the litigation, personal injury lawsuits are tort actions that are brought in a civil court. Personal injury mediation may be required by the court before a person may be allowed to bring a lawsuit. Personal injury mediation may also be encouraged during negotiations with insurance companies.

Both the defendant and the plaintiff may be mandated by the court to attend mediation during a personal injury litigation dispute. This type of mediation is a kind of formalized negotiation between the plaintiff and the party or parties that he or she is suing. It is overseen by a licensed mediator who could either be appointed by the court or is one who often works with insurance companies. They parties are not required to reach an agreement. However, if an agreement is reached then it will become binding.

In many cases the professional mediator is a licensed attorney. Although a legal degree isn't required, there are specific qualifications that must be met to become a professional mediator. These requirements vary from one jurisdiction to the next.

Regardless of qualifications or licenses, the mediator's aim is to help the plaintiff and the defendant come to an agreement. The mediator in a personal injury mediation attempts to facilitate a compromise that is mutually agreeable. If an agreement is reached the defendant will agree to compensate the plaintiff in a way in which the both find acceptable.

Most people who have sustained a personal injury hire an experienced attorney to represent them once they have decided to go ahead and initiate a personal injury claim. Many personal injury attorneys work on what is known as a contingency basis. As such, the attorney will not be compensated unless the plaintiff receives a settlement or award.


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To find out how to initiate a personal injury claim go to http://www.sokolovelaw.com/.

Wendy Moyer on behalf of Sokolove Law.