If you were injured in an accident in Florida, the legal process can feel confusing and overwhelming. Your medical bills are likely piling up while you deal with lost wages and the emotional toll of your injuries. Of course, the idea of pursuing a personal injury lawsuit might be intimidating. Courtrooms, depositions, and a drawn-out litigation process are common. The good news is that not all cases go to trial because they are resolved through Florida’s mediation system.
Under Florida law, mediation is often a mandatory step before a personal injury case goes to trial. However, there are many details involved with understanding whether mediation is required. It is helpful to review some information on what mediation is and when it’s required. You will also see how a Miami personal injury lawyer is a valuable resource through this process.
What is Mediation in Personal Injury Cases?
Mediation is a form of alternative dispute resolution (ADR) where a neutral third party facilitates communication between the parties. This mediator works to help you try to reach a settlement agreement so you can avoid a trial. The mediator cannot make binding decisions but may guide both sides in finding common ground.
There are numerous benefits of mediation, such as:
- Mediation can be quicker and less expensive than going to trial.
- You have more control over the outcome of your case compared to a jury verdict.
- Mediation is confidential, meaning details of the discussion aren’t typically admissible in court.
When is Mediation Required in Florida Personal Injury Cases?
Under Florida law, mediation is required in most personal injury cases before trial. However, there are exceptions, such as where:
- Your case involves a very small amount of money.
- There are complex legal issues involved.
- One party refuses to participate in mediation.
Specific Types of Personal Injury Cases and Mediation
Going through the mediation process is required in most claims in which a person was killed or injured due to negligent, reckless, or intentional acts. For instance:
- Mediation in Auto Crash Claims: Traffic accident injuries are a leading cause of personal injury claims in Florida. Mediation is often required in these cases, offering a chance to resolve issues like medical expenses, lost wages, and pain and suffering. You could be required to mediate after a car, truck, or motorcycle accident.
- Med Mal and Mediation: Medical malpractice cases, where a healthcare professional’s negligence caused you harm, can be complex. Florida law includes provisions on ADR for med mal.
- Product Liability Claims: If you have been injured due to a defective product, product liability claims can involve mediation. Keep in mind that there are often class action lawsuits involved with large-scale defective product claims, and this may affect potential ADR options.
Get Help From an Experienced Miami Personal Injury Attorney
If you have questions about mediation or your personal injury case in Florida, please contact Gerson & Schwartz, PA to set up a free consultation. We have offices located in Miami, Fort Lauderdale, and West Palm Beach, FL. Please visit us online or call (305) 371-6000 to schedule your meeting today.