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Personal injury claim and mediation question?

Austin, TX |

I have a personal injury claim against a construction company whose unsafe practices almost caused me to lose a leg while I was walking by their construction site. It's been almost a year and a half since the injury, and the opposing lawyer wants to mediate the case. Does this mean they are interested in settling?


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Attorney Answers 7


  1. It is hard to read the mind of defense counsel, but a willingness to go to mediation can indeed indicate that there is an interest in settling. You should understand that mediators will usually not give one side everything they want and so you should be open toward compromise as well as expecting the same from the defense. A successful mediation can result in significant savings in time, expenses and risk, all of which justify a discount.


  2. Based on your questions it sounds like you have an attorney. If you do, I strongly recommend you discuss this matter with him/her. Anything you post online is not protected by attorney client privilege. As for mediation, typically it is an indication that the parties want to resolve the claim. However, sometimes mediation is used improperly as a way for the other side to try and figure out your strenghts and weaknesses of your case and what you are willing to settle for. For mediation to be successful, typically the plaintiff has to take less than they think the case is worth and the defendant pays more than they think the case is worth. Good luck.


  3. The fact that the opposing side wants to mediate means they want to sit down and discuss a possible settlement. They are interested in seeing whether the case can be resolved without going to trial. This does not necessarily mean that the mediation will be successful. There are multiple possible outcomes: (1) the mediation will be successful and the case will settle, (2) the mediation will not be successful and you will proceed toward trial, (3) the mediation will not be successful but it will result in further dialogue between the parties in the future, including possible further mediation sessions, which ultimately will result in a settlement down the line. Good luck.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  4. It sounds like they might be, what does your attorney say? If you don't have an attorney, you need to get one ASAP.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


  5. Doesn't tell you anything. In Austin, cases generally get ordered to mediation regardless. Talk to your attorney.


  6. What does your lawyer think?

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/


  7. First and foremost, this is a question for your attorney.

    In some jurisdictions, the Court will order you to mediation, so it means very little. Still, if it is the Defendant's idea, then yes, it can be a good sign there is interest in settling.

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