Lawyers’ Perspectives on the Function of Mediation in Auto Accident Cases
Mediation is a legal process that brings you and the at-fault driver’s representatives together to attempt to reach a settlement agreement before your case goes to court. If you or a loved one was injured in a recent accident, a Florida car accident attorney in your area can explain the pros and cons of resolving your accident in this manner. They can also help you effectively navigate the medication process. 
You can understand the role of mediation in car accident cases with helpful and informative insights from a personal injury attorney. They will explain each step of the process, including your rights, the at-fault driver’s responsibilities, and your potential financial recovery. They can also explain the types of questions you can expect and how they will present facts and evidence on your behalf.
Is Mediation Required for Car Accident Cases in Florida?
According to Florida Statutes § 627.745, mediation is a requirement for all car accident cases. Either the plaintiff (you) or the defendant (the at-fault driver) can request mediation. No matter who chooses mediation, a Miami car accident lawyer serving Florida can guide you through the process.
If you hire a personal injury lawyer to represent you, they will explain what a mediator does in your insurance claim. They will also explain the potential timeline of mediation and the filing deadlines in your case. They can fight for a fair settlement during mediation sessions.
What Happens During a Car Accident Mediation Meeting?
On your own, it can be hard to understand what happens during car accident settlement mediation. In general, what you can expect includes:
- The mediator will explain the process and their role
- You and the other party can voice any concerns
- The mediator will meet with each party separately or together
- Each party will explain their version of events
- With your agreement, your boynton beach car accident lawyer can speak on your behalf
If an agreement is reached during mediation, each party will sign the agreement. Your florida car accident lawyer will help you at each stage. If a settlement cannot be reached during mediation, they will explain your remaining financial recovery options.
What Exactly Do Legal Experts in Mediation Do?
A key role of your lawyer in car accident mediation is determining the monetary value of your case. You can request economic and non-economic damages, including:
- Disfigurement
- Impairment
- Lost earning capacity
- Lost wages
- Medical expenses
- Pain and suffering
- Vehicle damage
- Vehicle loss
Your fort lauderdale car accident lawyer will document your damages, including collecting medical, rehab, and therapy bills related to your injuries. They will also collect paycheck stubs and tax records that document the value of your lost wages.
The Mediation Process for Car Accident Cases Includes Evidence Collection
The at-fault driver’s insurance company will require proof of the policyholder’s negligence. In addition to proof of the accident’s costs, your lawyer will collect, organize, and present the following evidence of its cause:
- Your written statement on the accident and its toll on you
- Statements and smartphone images from accident witnesses
- medical records describing your injuries and their cause
- Dashcam and surveillance videos of the accident itself
- Police reports, including narratives, diagrams, and photos
You do not have to build your case alone. Your lawyer will prove negligence in your car accident case for you so you can focus on getting better.
Does the Statute of Limitations Apply if Mediation Is Part of a Car Accident?
Any time you file a civil lawsuit, the statute of limitations must be met. In general, that means filing your lawsuit within two years of the accident, according to Florida Statutes § 95.11.
Additionally, Florida Statutes § 768.28(6)(a)(1) requires you to provide notice in writing of your intent to seek damages from a municipality within six months of the accident.
Mediation in car accident cases does not exempt you from filing your lawsuit on time. If it is filed late, you will not be able to file it at all, and the insurance company could refuse to negotiate a settlement.
Does Mediation Always Result in a Car Accident Settlement Agreement?
Car accident mediation is a type of dispute resolution where both parties agree to hear each other out. No one can force you to accept an unfavorable or unfair outcome at mediation, and a meeting of the minds is not always possible. If both parties cannot agree after mediation, your case may have to go to court for final resolution. Your lawyer will represent you in court and help you keep fighting for financial compensation.
Contact Our Car Accident Team at (954) 633-8270
If you or someone you love was injured in a car accident, your case could be resolved without going to court. Our law firm will provide insights from legal experts and explain the complex role of mediation in your car accident case.
Contact our consultation team at the Law Offices of Wolf & Pravato to learn more about recovering damages from the at-fault driver and their insurer.
