A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.
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How to Win at Personal Injury Mediation
Many New York personal injury cases are settled in mediation. It is a guided negotiation process that aims to help the parties reach a settlement agreement outside of court. Mediation may be court-ordered. Or the parties may agree to try it before trialing the case.
You may be able to get a better deal in mediation than you otherwise would. Also, you remain in control of the process. Our clients often ask us how to win at mediation in a personal injury case. Winning looks different for everyone. Let’s look at how the New York personal injury lawyers from Harris Keenan & Goldfarb can help you achieve your best outcome.
What Happens in Mediation?
Mediation is overseen by a neutral mediator trained to help both parties reach a compromise. They usually have a law background and familiarity with New York personal injury laws. The mediator is often a retired judge or former lawyer. Each side may make an opening statement, laying out their case and evidence to support their claim.
Once each side makes their opening statement, then negotiations begin. You may have already submitted your settlement demand to the other party in a letter drafted by your New York personal injury lawyer. Negotiations are usually about the dollar amount the plaintiff seeks. However, your claim could include other concessions you wish the defendant to make.
What Does Winning a Personal Injury Mediation Look Like?
Unlike a trial, mediation doesn’t necessarily have a winner and a loser. Winning, in your case, could mean receiving the settlement amount you asked for or something close to it. Or it could mean that the defendant admitted their wrongdoing and apologized to you for the harm they caused you.
Your lawyer may help prepare you for mediation and manage your expectations by helping you prioritize your demands. This means you may have a best-possible scenario, a good outcome scenario, and then your “bottom dollar” or a compromise you can live with. You may also wish to establish your walk-away point before going into mediation, the point where you feel more comfortable taking the case to trial.
You may even consider mediation a win if you reach a settlement agreement, even if the settlement doesn’t include everything you want. Trials can be long, painful, and intimidating. They can also be costly and last anywhere from a few days to weeks or months if the case is extremely complex.
How to Win a Personal Injury Mediation Hearing
Preparation is the best way to feel like you walked away with a win at mediation. This starts with establishing your priorities and knowing when it’s time to walk away.
Mediation isn’t the place to put forth new evidence unless something suddenly becomes available or your medical condition suddenly worsens. However, you should come prepared with documents and other evidence that supports your case, like your total medical bills showing the cost for that part of your compensation and other documents that prove the other side was negligent.
Keeping your cool can help you get the best possible compromise. If you’re respectful and cooperative, the other party may be more likely to be so.
You may also have a better chance for a “win” if you allow your lawyer to negotiate for you. Many personal injury lawyers, like ours, have been trained in negotiations. They’re less emotionally attached to the case and so may get a better deal than you could by yourself.
Don’t be afraid to be creative. In mediation, you have the opportunity to think outside of the box to reach a compromise. If there are certain sticking points, you and the other party can talk through them and see if there is any middle ground you can agree on.
What Happens if Mediation Fails?
Usually, if mediation, court-ordered or voluntary, fails, the case moves to trial. Personal injury claims are litigated in civil court, not criminal court. But there will still be a judge and probably a jury. Each side will present its arguments and evidence supporting it. Your attorney will have the opportunity to question the defendant’s witnesses and verify the truth of their evidence. Then, each side makes a closing argument, and the jury deliberates.
The jury may find in your favor and give you full compensation according to your demands, or they may find in favor of the defense, and you may walk away with nothing. Or, the jury may agree that the defendant was liable for your injuries but award you a different amount of compensation than you requested. The matter is final once the judge approves the jury’s decision.
Do I Need a Personal Injury Lawyer to Win at Mediation?
You aren’t required to have a lawyer for mediation. However, many people feel most comfortable with a trained attorney by their side. It can be nerve-wracking going into negotiations. There’s a good chance that a lawyer will represent the defendant, so having your own can help level the playing field. If the defendant is a corporation or healthcare facility, there’s a chance they have an entire legal team defending their interests.
Your attorney can advise you whether an offer is good or whether they think the defendant is lowballing you. They may also be able to advise you about different options to achieve a settlement, suggestions you may not have thought of on your own.
Contact Our Law Firm Today for a Free Case Review
Have you been harmed and suffered a loss due to the negligence of another person or entity? You could demand compensation from the other party to cover your medical care, lost wages from work, and pain and suffering from your injuries. We can help you.
A personal injury lawyer from Harris Keenan & Goldfarb can help gather evidence to support your claim, file a lawsuit for you, and handle the legal matters relating to it. They can also communicate with the defendant on your behalf, negotiate a settlement, and help you through mediation and trial. Contact us today at 1-800-PAIN-LAW for a free consultation.
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How Much Lawyers Take from Personal Injury Settlements
Over $500 Million in Verdicts and Settlements
Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.
What Our Clients Say About Us
Excellent person, very Professional, they assist you in any language, your call is always answered. I recommend you for any case of support you have, your refund is satisfactory. and fast
I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
Frequently Asked Questions
Common questions that prospective clients have about personal injury claims include:
Do I need an attorney?
When you have suffered an injury, it can be difficult to know what to do next. If the injury was caused by someone else’s negligence, you may be entitled to compensation. However, filing a personal injury claim can be a complex and time-consuming process. An experienced attorney can help you navigate the legal system and fight for the maximum possible compensation.
How do I know I have a case?
When should I contact an attorney?
How do I determine which one to choose?
Once I hire an attorney, what should I expect?
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