So I ran across this great attorney on Google Plus (G+1). I have noticed that amongst many plaintiff’s lawyers, there are different laws, depending upon the jurisdiction and venue. For example, Louisiana follows French Civil Law in certain tort cases, whereas other states follow the traditional English common law approach. So I asked this great Cincinnati personal injury attorney a few questions, and he responded with this:
Recently I represented the family of a 29 year old man killed in Cincinnati by the alleged negligence of 3 defendants. We mediated the case. Mediation is where a neutral party is hired to help the parties negotiate a settlement. Evidence is not submitted, nor does the mediator have any power to impose a decision. If a settlement is reached it is the result of an agreement among the parties. Preparation for the mediation is very important. As a personal injury lawyer most of my mediations have been car accident injury claims. However, this one happened to involve a motorcyclist.
The First Person to Prepare Is Your Client
My client is the first person I need to prepare. They need to know how the mediation works. Since every mediator works a bit differently the best tip is to put the client at ease by telling them they won’t have to testify and the other side will not be asking any questions. Secondly you must talk to the client about money. You want to be on the same page with your client about what your ultimate goal is in dollars. That way you can form some strategy about what dollar increments you will move and where you might start . Often there may be some offer, but sometimes only the plaintiff (the party bringing the personal injury or in this case the claim for wrongful death) may have made a demand that has not been responded to.
You need to tell your client how to dress. The defense attorneys and the adjustors will be sizing up the family of the person wrongfully killed. This is an opportunity to put their best foot forward. If the injury victim is courteous and likeable then the defendant’s evaluate the case higher.
You Have Prepared Yourself and the Defense
It is essential that some material be exchanged prior to the mediation and work be done by the plaintiff so the defendant, more specifically the insurance company, has information to evaluate the case. We had taken over 25 depositions and had provided economist’s reports , and a clinical psychologist traumatic loss expert’s report to the other side.
You Chose Your Mediator Wisely and Prepared Them
If you can let the defendant suggest who they like let them. It’s critical in big cases to hire someone that has a good reputation and that has been used by all the lawyers involved. This helps everyone trust in the process if they trust the mediator. One of my favorite Cincinnati based mediator’s was a long time insurance defense lawyer. He knew how to value a serious loss and had the respect of the insurance lawyers and the insurance companies.
It is important to tell the mediator in writing the good points about your case and even provide them with reports of your experts if possible. If you can convince the mediator you have a strong case, the good mediators will use their power of persuasion to get you where you should be. But they need ammunition. So it’s a must to prepare a detailed mediation synopsis of your case. Mine was 7 pages long with several reports attached.
Not every case settles at mediation, but it can set the stage for a settlement as it gives the parties an idea of where each one wants to go. Some cases don’t settle, primarily because one party is mistaken in their value of the injury or wrongful death. For instance I was co-counsel on another wrongful death where the insurance company’s top offer at mediation was $100,000, and the jury verdict ended up $2.7 million.
Anthony Castelli Attorney 8170 Corporate Park Drive #220 Cincinnati, Ohio 45242 call 513-621-2345 for help is a Cincinnati wrongful death lawyer focusing on serious personal injury and wrongful death claims.
