Personal Injury Disputes Mediation
If another person injures you negligently or intentionally, you might want to claim damage. In that case, you will necessarily be dealing with personal injury law. As a part of civil law, personal injury law aims at bringing financial reimbursement to victims of other people’s wrongful acts.
The list of personal injury cases is almost endless. People get hurt in car accidents, slip accidents, and fall accidents, or as a result of medical malpractice. There are also dog bites, intentional infliction of emotional distress, and defective products that cause personal injury.
Understanding personal injury is incomplete without knowing the grounds for legal liability. A person can act wrongfully due to negligence, which is most common in everyday life. That is a failure to act carefully. However, sometimes personal injury can be caused recklessly, which occurs when a person behaves in a certain way even though they know or should know that acting that way will cause harm. In most severe cases, people cause personal injury on purpose or intentionally.
In proving personal injury allegations, an injured person must first demonstrate the existence of another person’s duty to act carefully. Furthermore, it must show that the responsible person breached that duty and that there exists a causal link between wrongful behavior and an accident. Lastly, a harmed person must manifest the damages they endured due to a careless act.
Sometimes, however, several people contribute to the accident. That is called comparative negligence. The situation is different when the victim contributed to the accident. Then we are talking about so-called contributory negligence.
In any case, proving personal injury claims in court litigation is a cumbersome task involving costly and lengthy procedures.
Mediation offers a neutral and confidential approach to dispute resolution.
The mediator, a voluntarily chosen neutral person, helps the parties reach a mutually beneficial agreement. There is no judge or a jury in mediation. The mediator does not resolve the conflict by issuing a binding decision. His role is to facilitate negotiations between the disputing parties by creating a neutral and peaceful atmosphere in which talks take place.
Unlike the vindictive environment typical for litigation, mediation sets the scene for exploring the roots of conflict in a friendly atmosphere. Personal injury cases are known for the adversity and resentment both parties feel for each other. Using negotiating skills, the mediator will help the parties calm their emotions and rationally seek ways for bridging their hostility. After putting feelings aside, the mediator will lead the parties to reconciliation more easily.
Through a series of private sessions, the mediator tries to identify each party’s position and estimate the possibility of settling. In a joint session, the parties participate in an open discussion to overcome the differences and reach an agreement. Sometimes, the mediation process will start with an open session followed by separate meetings (caucuses). The dynamics depend on the mediator estimation on a case-by-case basis.
Confidentiality is inherent to mediation procedure. There is no publicity of the proceedings. Nothing discussed between the parties and the mediator will ever leave the session room.
Since mediation does not involve discovery, deposition, or witness examination stages, typical for litigation, the costs are much lower, while the process is over in weeks or days.
If the mediation is successful, the parties to the personal injury dispute sign a mediation agreement which is enforceable the same way as a court judgment.
With over thirty years of experience, Richard Kuper is well-versed in settling the disputed parties in personal injury cases. As a Florida Supreme Court-certified mediator, Mr. Kuper will help you negotiate the best outcome without unnecessary expenses.
Call us today to schedule your appointment.
Richard Kuper hosting a Fireside Chat with Miami Mayor Francis Suarez
