Personal Injury Litigation vs. Mediation

Personal Injury Litigation vs. Mediation

When it comes to personal injury disputes, there are a few different ways this can be resolved. The most common processes for resolving a personal injury dispute are through litigation or mediation.

If you were the victim in an accident and you have a personal injury case, you want to choose a process that will be the most beneficial to you. This often includes a process that will be faster, simpler, and obtain the full value of your case.

At Sevenish Law, we have over 35 years of experience fighting for our client’s rights, so contact us today to speak with a qualified personal injury attorney in Greenwood, Indiana.

Litigation vs. Mediation: The Differences

If you have a personal injury claim, you will often have to choose between litigation and mediation.

Litigation means filing a lawsuit, often when the two parties cannot agree. In litigation, the judge or jury will witness the plaintiff against the defendant and will make the final decision regarding the personal injury case.

Mediation is an informal option where the involved parties in the lawsuit choose a third party to help negotiate. The third party is called a mediator and will help the two sides communicate and come to a suitable resolution for both. It’s important to understand that the mediator does not make the ultimate decision; they simply provide information and help with the communication process.

Mediation Pros and Cons

Many people choose to try mediation for personal injury cases before going to litigation. Here are some examples of the advantages of this option, depending on your situation:

  • Confidential: Mediation does not involve court, so it provides a more private setting. The only people involved are both parties as well as the mediator, so details are not exposed to the public.
  • Amicable agreement: Mediation allows both parties to communicate openly and come to an agreement that they are both happy with. This helps to preserve relationships as everyone feels heard and pleased with the outcome.
  • Better control: Choosing a mediation gives you more control over the process and the dispute outcome. You and the other party are the ones making the final decision instead of a judge or jury, and you only share the information you choose to.

Although mediation is a great option in many situations, this isn’t always something that works out. It’s essential to understand why this may also have drawbacks so that you know if your situation is better for litigation. Here are some examples of cons that may impact your case:

  • Difficulty communicating: Even though communication should be easier in a mediation, that isn’t always the reality. You may struggle to get contact information or arrange times to speak with the other party. The other involved parties may also be difficult to contact or may not handle communication professionally.
  • Inability to reach an agreement: It is not uncommon for a personal injury case to not be resolved through mediation. Both parties are working in their best interest, so there may not be a middle ground, which would result in the need for litigation.

Litigation Pros and Cons

You may choose litigation over mediation for your personal injury case for many reasons. Before making this decision, you should weigh the pros and cons. You can ask your personal injury attorney what they would suggest, since they have more experience in this area.

Here are some examples of the advantages of litigation instead of mediation:

  • Easy communication: If your case takes the litigation process, you do not have to handle communicating with the other parties like you would with mediation. The process is formal and transparent, with straightforward instructions indicating how to handle the case.
  • Open process: Unlike mediation, litigation is direct, requiring clear evidence such as testimonies, photos, reports, and documentation. This cuts back the time spent communicating and getting important information from the other party.
  • Permanent resolution: Litigation is perfect if both parties are not coming to an agreement and you want a faster solution. The court’s decision is also legally binding, so there is no risk of you not getting the compensation you were awarded.

Going with litigation may be the faster and easier way to bring this case to a close. It ensures your side of the story will be heard so that you have the best chance of getting the compensation you need. But, like anything, litigation does have some drawbacks; here are some examples of this:

  • Overwhelming: Because litigation is more formal and demanding, it can become exhausting. Some may find this emotionally draining and stressful since they have to appear before a judge and jury. More information and evidence is also required to properly present your case.
  • Less amicable: A court ruling in a personal injury case can damage relationships if the other party is unhappy with the result. This is also a risk since communication is only allowed through lawyers for litigation.

Hire an Experienced Personal Injury Litigator from Sevenish Law Firm

If you have an open personal injury case, you need to know the most ideal way to resolve it with the other parties involved. Litigation and mediation are the two main processes, which is why you need to understand what these entail and why one may be better.

Randall Sevenish is an experienced litigator who has decades of experience with litigation cases. He can help you decide which option is best for your case and guide you through the process. Contact us today at 317-720-3229 or online to get a free case evaluation from Sevenish Law Firm.

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