If you get injured in a preventable accident in Texas and file a personal injury claim in pursuit of financial compensation, your case may involve multiple legal processes. Understanding the difference between two of the most common – mediation vs. trial – is important so that you can make informed decisions about your case based on your unique goals. Make sure to speak with a car accident attorney in San Antonio for legal guidance.
What Is Mediation?
Mediation is one type of alternate dispute resolution, or ADR. The other popular type is arbitration. Mediation is an informal meeting that can help parties communicate with each other and come to a compromise or settlement agreement. It is presided over by a mediator: an unbiased third party who does not have the authority to make orders.
The mediator’s job is to assist with conflict resolution and collaboration between the parties involved. During mediation, the parties may only communicate through the mediator, if desired. Mediation is confidential. If the parties come to an agreement during mediation, the mediator will put it in writing.
If an agreement is not reached, the parties can engage in further mediation or try arbitration. Arbitration is a more formal process that still takes place outside of court. If the parties both agree to binding arbitration, the conclusion of the meeting can end with a legally binding decision made by the chosen arbitrator.
What Is a Personal Injury Trial?
A personal injury trial is a formal legal process within the civil justice system. It takes place inside a courtroom, typically in the county where one of the parties lives or where the accident occurred. The goal of a personal injury trial is to determine the facts of the case.
A typical personal injury trial involves the following phases:
- Discovery: an investigative period where both parties have the opportunity to subpoena documents, evidence and information from one another so that they are on the same page. Motions can be filed during this period, such as a motion to admit or dismiss evidence.
- Jury selection: the process of choosing jurors to rule on the case. The San Antonio personal injury attorneys representing both sides of the case can ask potential jurors questions to select an impartial panel of jury members. The jury will be responsible for listening to the facts of the case and issuing a verdict to determine if the defendant is liable (legally responsible) or not.
- Trial: the trial itself involves opening statements made by both parties to summarize the case, the presentation of evidence and witnesses, witness cross-examinations, and closing arguments. The jury will be given instructions by a judge and deliberate until they reach a decision.
If the jury rules in favor of the plaintiff, it will accompany its verdict with a judgment award, or an amount of money the defendant must pay to the plaintiff to make him or her whole again. If the jury rules in favor of the defendant, the case will be dismissed.
Pros and Cons of Mediation vs. a Personal Injury Trial
The majority of personal injury claimants prefer mediation to trials. Mediation and out-of-court settlements are faster, easier and less costly. They also allow the plaintiff to remain in control of the outcome of the case; it is up to the plaintiff whether to accept or reject the defendant’s proposed settlement.
If mediation fails, however, or an insurance company refuses to cooperate, a personal injury trial may be the better option for securing maximum compensation. To discuss which legal route is best for your particular personal injury case in Texas, contact Hill Law Firm Accident & Injury Lawyers for a free consultation.