What Happens If I Don’t Want to Take My Personal Injury Case to Trial?

Understanding that, in Virginia, you are not obligated to proceed to trial for your personal injury case is crucial. If you are seeking to evade the pressure and stress of a trial, alternative pathways to reach a settlement exist with the guidance of an experienced personal injury attorney.

The two options at hand are:

Mediation: During mediation, both parties meet with a third party, the mediator, to work towards a resolution of all of the issues that would otherwise be decided over the course of the trial, usually the settlement amount. Not only does mediation avoid taking a case to trial, but it also saves a significant amount of time and money over a trial.The primary difference is that, unlike a judge in court, mediators do not make decisions. Instead, they help guide the parties to make mutually agreed-upon choices. The unbiased mediator will discuss and help resolve the issues in connection with your case to help you arrive at fair solutions without a judge being directly involved.

Each side should still have an attorney representing them, but both sides must agree to mediation. Using a mediator can make logistics a much simpler as well, as the attorneys and their clients can control the schedule of meetings rather than receiving a random court date and waiting hours before the case is called.

There is no questioning that mediation can allow cases to proceed more smoothly, with less stress, time, and excessive expense. Additionally, it enables both participants to maintain a greater amount of control over the outcomes because the mediator is guiding the process rather

then the judge being in complete control. However, it is also important to note that mediation is not for everyone, as each case comes with a unique set of circumstances that dictate the best course of action.

On the other hand, we have

2. Arbitration: Arbitration is similar to mediation in that it is a way for the two parties to decide the issues mentioned above without going to trial. However, unlike mediation, it is not the parties who agree but an independent party, the arbitrator. The arbitrator will listen to the facts of the case and render a decision.

For both options, the person involved in helping resolve the issue is always a legal expert, often a retired judge.

Schedule Your Free Consultation Today

If you have been injured in a an accident caused by another party, please contact our office so we can discuss your options and what may be best for your case and all involved. A Virgina personal injury attorney can provide expertise that is important in either mediation or arbitration to make sure you receive the damages you are entitled to. Call Shapiro, Washburn & Sharp for a free case evaluation.


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