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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


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.


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.


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.


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

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


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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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