Skip to main content

Car accident injury settlement with mediation

Chicago, IL |

had major back pain and neck pain due to another car rear ended me. other was found at fault. health insurance paid my bill. suspect had 100k policy had deposition. mediation next month.

regarding the mediation does the mediator hired by whom? is the mediator know the policy limit?

Attorney Answers 9

Posted

This is best answered by your attorney. Sorry.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Mark as helpful

13 lawyers agree

2 comments

Paul Ayan

Paul Ayan

Posted

I agree, you should be asking these question to your attorney. If your attorney is not answering your very basic questions it may be time to find a new attorney. If on the other hand, you do not have an attorney, I believe it would be in your best interest to at least consult an attorney and discuss the finer point of your case. Please know that the mere fact that the other party has 100K policy does not entitle one to the those limits.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Well said

Posted

It depends on the agreement. Most often, the arbitrator does not know policy limit, demands, offers etc. Also, most arbitration agreements call for parties to split costs. Talk to your lawyer.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email:  stephen@hofflawyer.com
Website:  www.hofflawyer.com
Blog:  www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Mark as helpful

17 lawyers agree

2 comments

Barry Cahn Boykin

Barry Cahn Boykin

Posted

If its arbitration, not mediation, I agree with Attorney Hoffman.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

And if I misread the question, my apologies. Either way, think of mediation as a third party neutral, often a retired judge, helping the parties resolve the case. By contrast, arbitration has one or more neutrals decide an award. There can be tweaks to both, with high/low agreements, stipulated evidence, etc. whatever your agreement, hope your case gets resolved favorably.

Posted

Mediation is an expedient approach to settlement of many personal injury claims. Selection of the mediator and addressing the other concerns posted are vital and require a fair amount of pre mediation planning. Discuss this with your attorney. Here is what mediation is all about: CLICK BLUE LINK BELOW

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Mark as helpful

16 lawyers agree

Posted

Mediation is an alternative dispute resolution method where generally both sides must agree to it. You should have something in writing about the process and means of selecting the mediator. The mediator is chosen after both sides have considered and agrees as to the selection

. The role of the mediator is to guide both side to the dispute, not to make the decision.

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

Mark as helpful

14 lawyers agree

Posted

This question should be addressed to your attorney - if do not have an attorney I suggest you hire one to handle the mediation.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Mark as helpful

11 lawyers agree

Posted

To add to the chorus:

You really need an attorney to advise you about a serious car injury like the one you describe. The insurer won't just open their wallets and pay you the policy limit -- a good attorney must insist on it, even if a suit must be filed. The good news is that this attorney probably won't cost you up-front; most attorneys in this practice area work on contingency.

Feel free to contact any of the above attorneys or myself.

This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.

Mark as helpful

12 lawyers agree

Posted

I know it's not the answer you want to hear, but it is truly the best advice. Local personal injury attorney would best answer your questions.

I HOPE I WAS HELPFUL. Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not establish an attorney/client relationship. If you would like my help, contact Mr. Hamer at (214) 843-1529 for a FREE CONSULTATION.

Mark as helpful

13 lawyers agree

Posted

I assume you have a lawyer, but if you don't, get one.

Mark as helpful

14 lawyers agree

Posted

Yes, the mediator is normally hired by both sides and usually aware of the policy limit.

Mark as helpful

9 lawyers agree

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics