When you are involved in a car accident in Kentucky, the victim in the accident might decide to file a lawsuit against the responsible parties and achieve a full recovery through a trial. But when the accident seems to be at the fault of the plaintiff, you can never be sure of what the jury’s final verdict will be.
In Kentucky, you can choose to resolve your car accident through mediation. What is meditation? It is when a neutral party, known as the mediator, helps the disputing parties come to an agreement. Parties can choose to go to mediation when they want to resolve their dispute without any delays or the financial expense of trial or the uncertainty of a jury’s decision. When the disputing parties attempt to come to a settlement on their own, they might not be able to come to an agreement because of the constant back and forth between their attorneys. Whether it be legal representatives that cannot get along or conflicting schedules that keep them from being able to discuss their issues in detail, it can prolong the outcome of the case. Legal representatives will have to go back to their clients to review what the other side is wanting prior to a decision being made on a settlement proposal which can take several months.
Mediation Brings Settlements Quicker In Most Cases
Mediation is used to help parties come to a settlement as everyone is in the same room at the same time. Mediation will lead to a settlement when the mediator is experienced in dispute resolution or personal injury cases. It is up to the mediator to come up with solutions that each party might not have considered or to help each side see the other’s perspective. When both parties agree to a mediation, you can assume that this means that they are both willing to come to an agreement. The defendant implies that they are willing to pay some sort of compensation to the plaintiff. In turn, the plaintiff implies that they are willing to not bankrupt the defendant because of the car accident. For example, a plaintiff can accept less if the plaintiff can embarrass the defendant with a formal, public apology.
In some instances, mediations are mandatory when courts want to alleviate their own calendar. A court might choose to send people to mediation in an effort to get them to get to a solution on their own instead of through litigation. This can occur during the case or right before a trial. During these types of mediation, the mediator could be someone that is familiar with similar case outcomes. They can give each side a clear reality check of what the outcome will be should the case make its way to trial. If the plaintiff does not have enough evidence, regardless of the injuries, the plaintiff might not get anything. But if the case were to go to trial, the defendant is at risk for losing more than they are able to pay.
We Can Help with Accident and Personal Personal Injury Mediation, Negotiation, and Litigation
Injuries happen unexpectedly, and they can lead to major setbacks for victims and their families. Injury victims and their loved ones not only have to deal with the injury itself but also with a significant financial burden that these situations cause. I have an experienced team with the resources necessary to fully investigate your claim and recover the compensation you deserve.
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Recently in a car accident in Kentucky? Contact Michael A. O’Hara PLLC for assistance on alternative dispute resolution methods such as mediation.
Contact (859-746-0500) Michael O’Hara, PLLC for a Consultation
About Michael A. O’Hara, PLLC
When you have to deal with the justice system – whether related to a civil or criminal matter – you need more than the truth on your side. You need a skilled attorney who can employ sound legal strategies to produce the results you are hoping for. I am attorney Michael A. O’Hara, and I am licensed to practice in Kentucky and Ohio at the state level, as well as in Federal District Court and the Federal Court of Claims. I have been representing clients in the Northern Kentucky/Greater Cincinnati area since 1994.