Differences Between Mediation and Settlement in a New York City Injury Case
When you file a compensation claim against a negligent party, it is important to know what to expect. If a defendant asks to enter into mediation or settlement negotiations, you should know what that might mean for your case.
Mediation and settlements are different. Mediation involves a mediator to facilitate discussions between a plaintiff and defendant. Traditional settlements generally only involve plaintiffs, defendants, and their attorneys and can take longer than mediation. Compensation from mediation and settlement negotiations may also differ. Suppose you are not interested in mediation or settling out of court. In that case, our attorneys can help you take your lawsuit to trial so that you can recover compensation for all losses in your injury case in New York City.
Our lawyers are dedicated to helping victims in New York City hold negligent parties accountable and recover the compensatory damages they deserve. For a free case evaluation with the New York City personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.
What Are the Differences Between Mediation and Settlements in New York City Injury Cases?
Sometimes, victims are interested in handling their personal injury cases out of court. Depending on your case, this might mean that you enter into mediation or settlement negotiations. As a victim whose access to compensation is on the line, it is important to understand the differences between mediation and settlements to make the best decision for your case.
Different people are involved in mediation and settlements for injury cases in New York City. In a traditional settlement, only the victim, the negligent party, and their legal representation will be involved in settlement discussions. In mediation, an unbiased third party is involved in facilitating discussions. A mediator does not decide whether or not a defendant acted negligently. Instead, they try to help both parties come to an agreement regarding compensation.
Generally speaking, mediation is quicker than settlement negotiations. If you enter into mediation for your injury case, it may be resolved within a matter of days or weeks. Settling is a different story. In some cases, settlement negotiations may take weeks, months, or even years. That is because settlement negotiations require offers and counteroffers and because it can take considerable time for both parties to agree on a settlement amount.
Mediation and settlements might result in different outcomes for injury victims in New York City. Because another person, the mediator, is involved, discussions may go differently in mediation than in settlement negotiations. Victims might think that that means it is unnecessary to have our attorneys by their side, which is not the case. It is still important to consult our Brooklyn personal injury lawyers if you are considering entering into mediation so that you can recover sufficient compensation.
What Are the Similarities Between Mediation and Settlements in New York City Injury Cases?
While there are certainly differences between mediation and settlements for injury cases in New York City, there are also some key similarities. With both mediation and settlements, a case can be handled out of court.
One of the biggest similarities between mediation and settlements is that both happen out of court. While one path may be more suitable depending on the circumstances of your case, either can allow you to settle a lawsuit without going to trial.
Another thing that mediation and settlements have in common is that both require concessions on behalf of a victim. In either mediation or a settlement, you may not recover total compensation for all economic and non-economic damages you incurred because of a negligent party.
Neither mediation nor settlements are binding until you have reached an agreement. Before that point, you can withdraw from mediation or settlement negotiations if you feel they are not progressing. Our Brentwood personal injury lawyers can help you identify when discussions are stalling so that you can end mediation or settlement negotiations and proceed with a trial. There is no need to accept an offer that is less than what you deserve if you can recover greater compensation by going to court in New York City.
What if You Don’t Want to Enter into Mediation or Settlement Negotiations for Your New York City Injury Case?
No rule says you have to enter into mediation or settlement negotiations when you file an injury claim against a negligent party in New York City. In some cases, avoiding these methods and proceeding with a trial is prudent so that victims can recover the compensation they deserve without delay.
If you don’t want to enter into mediation or settlement negotiations for your injury case, you don’t have to. When negligent parties are unwilling to give victims the compensation they deserve for their injuries, entering into negotiations or discussions may be fruitless, even if a mediator is involved. Our attorneys can assess your case to determine if avoiding mediation or settlement negotiations altogether and proceeding with a trial from the get-go is better for your lawsuit.
You may recover more compensation by taking your lawsuit in front of a judge or jury. Generally, greater compensation for non-economic damages is available when victims choose to go to trial in New York City. Mediation and settlements do not allow for punitive damages. If you go to court, you may be awarded punitive damages if a defendant acted with gross negligence.
Our Flatbush personal injury lawyers can explain the differences and similarities between mediation and settlements so that you can make an informed decision. In order to recover considerable compensation more quickly, forgoing these discussions may be best for your injury case in New York City.
Call Our New York City Lawyers About Your Injury Case Today
If you were recently injured by a negligent party in New York City and require compensation, our attorneys can help. For a free case evaluation with the Harlem personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.