Mediation and trial are two ways to resolve personal injury claims in San Antonio, but they are very different. Understanding the key components of each option can help you make an informed decision about how you want to proceed with your personal injury case.
What Is a Trial?
A trial is a formal fact-finding mission. Each party puts on evidence and witnesses to prove their version of events. A judge or jury decides at the end of the trial, ruling in favor of the plaintiff or defendant. If they rule in the plaintiff’s favor, they calculate the amount of damages to award the plaintiff.
Trials are long and expensive. They often require months or even years of preparation. They can also involve extensive discovery so the attorneys on each side can properly prepare for the case. Attorneys must carefully follow various rules when participating in trials and pre-trial litigation. Trials typically only occur in personal injury cases after the insurance company has denied a claim or failed to offer a reasonable and fair settlement.
What Is Mediation?
Mediation is a form of alternative dispute resolution (ADR) that seeks to help parties involved in a dispute communicate, collaborate, and compromise. It is led by a mediator. Unlike in a trial, the mediator does not have decision-making authority like a judge or jury. Instead, the mediator’s role is to facilitate communication and help resolve conflict.
The parties may communicate with each other or only through the mediator. The mediator can make suggestions and funnel information back and forth between them. Mediations are confidential, so anything said during the proceedings generally cannot be repeated by anyone, including the mediator. If the parties reach an agreement, the mediator draws it up in writing. The parties’ attorneys can ask that the case be dismissed.
Pros and Cons of Mediation in Personal Injury Cases
Mediation offers several advantages over traditional trials, including:
- The ability to select the mediator, rather than being assigned a random judge or jury
- A faster resolution process
- Certainty in the outcome of the case
- Less conflict and a more understanding approach
- Confidentiality
- A less formal setting
- Less expensive
However, there are some disadvantages to mediation in a personal injury case worth considering, such as:
- The possibility of getting less money
- Feeling like you didn’t have your day in court
- Being able to hold the at-fault party publicly accountable
- More time to prepare and account for the full extent of your damages
Contact George Salinas Injury Lawyers for Your Legal Needs
Whether you ultimately decide to resolve your personal injury case through negotiations, mediation, or a trial, you will need an experienced San Antonio car accident attorney by your side. George Salinas Injury Lawyers has extensive experience in and out of the courtroom. We can advise you on which course of action is best for your particular case. We can guide you through the legal process and fight for the maximum compensation available for your claim. Contact us today to arrange a free consultation.