The Process That Leads To Resolution of A Personal Injury Claim

A settlement represents the resolution of a dispute, one that was triggered by the filing of a personal injury claim. The filing of that claim then initiates the process known as the personal injury lawsuit. Settlements can get reached at any point during an ongoing lawsuit with the help of personal injury lawyers in Waterloo.

Basic features of all settlements

Both parties must agree to each of the settlement’s terms. The terms spell out the amount of any award, along with the timing of, or method for the delivery of that same award.

There are 2 types of settlements. The plaintiff might elect to accept the award as a lump sum payment. Alternatively, the plaintiff could choose to request a structured settlement. That means that the payments would get delivered over a pre-determined length of time. The plaintiff gets to choose the frequency with which each payment should get delivered.

The mediation process encourages the reaching of a settlement.

That process gets guided by a mediator. Mediators understand how to narrow the issues that are dividing the 2 parties. By the same token, mediators have become skilled at focusing on the strong points and the weak points of each side.

During negotiations, the adjuster for the insurance company and the claimant may refer to those same strong points and weak points, during a phone call. Still, neither one of them pays much attention to the statement being made by the person at the other end of the conversation.

Mediators listen, and then offer their input. In that way, the 2 sides get persuaded to look more closely at the points being made by the disputed opponent. That action aids the reaching of a compromise. The conclusion of a settlement mirrors the reaching of a compromise; both sides feel that some desired gains have been made, even though not all requests have been granted.

How can mediation work when negotiations have failed?

During negotiations, the adjuster and the claimant do not hesitate to state their opinions. In contrast to that approach, the mediator never states an opinion. Hence, the 2 parties must focus on the facts. That approach facilitates the settling of the dispute.

Still, a mediator does have the ability to draw attention to the veracity of lack of veracity in any claim. In other words, an opinion cannot get disguised, so that it looks like a fact. That is another way that mediations work to hasten the arrival at a settlement.

During negotiations, the emotions sparked in either party have the ability to cloud that party’s perception of the facts, causing the same individual to reframe a possible conclusion as one that should not be questioned or disputed. That mistake does net get made in a mediator’s presence.