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How Personal Injury Mediation Works in Florida
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Күн бұрынA Step-by-Step Explanation of how personal injury mediation works. This video guides you through how the whole mediation process works quickly and easily. Mediation is a process where each side of a case agrees to use a neutral third party to try to resolve the claim without going to trial. It’s important to know how personal injury mediation works.
MattLaw.com - Matt Powell, Board Certified Civil Trial Lawyer
As an experienced personal injury trial lawyer, I meet with my clients for at least one hour before mediation to explain how personal injury mediation works. We go over specific facts and issues regarding their case. Then my client and I go to the mediation together.
Upon arrival, the mediator introduces themselves to all of the parties. They also ensure everyone knows each other, their roles in the case, and how personal injury mediation works. Next, the mediator passes around a document everyone signs agreeing to keep negotiations at the mediation confidential.
Since mediation is confidential, both parties can relax. Nobody worries about saying something the other side could use against them at trial. Once everyone signs the confidentiality agreement, the plaintiff’s lawyer makes their opening statement.
Sometimes the opening statements are two minutes long. Other times they are a few hours long. The opening statement helps the mediator, insurance adjusters, and lawyers understand what a jury may see if it doesn’t settle.
After the plaintiff lawyer makes their opening statement, the mediator allows the defense attorney to present. The defense attorney will go through their list of why they offered low settlement amounts.
Following the defense’s opening statement, the mediator breaks the parties into two separate rooms. The mediators go back and forth between the two rooms carrying information from one side to another. A good mediator addresses the weaknesses of each side and suggests making compromises.
If or when we reach a settlement, the parties will sign a written agreement memorializing the terms of the settlement agreement. Then the attorneys prepare the necessary paperwork to file with the court to pay the claim. If you have any more questions on how personal injury mediation works, please feel free to call me, Matt Powell, at 1-844-MATTLAW.
MattLaw.com - Matt Powell, Board Certified Civil Trial Lawyer
@buddydawson8875 5 жыл бұрын
Mr. Matt, you do a wonderful job with these presentations. Very informative! I have learned a lot from the meticulous attention to detail employed in your presentations. Keep up the good work. Acquiring knowledge in the good state of TN.
@MattlawAttorney 5 жыл бұрын
Thank you for watching and leaving a comment. Matt
@MarketingResolution 4 жыл бұрын
This a great way to use video to teach people about our services in ADR. I've been helping resolutionists around the globe to build their practices and I always encourage them to have a video like this playing in their waiting room, available on their website, and to have as a file that can be emailed to prospective clients. Well done!
@MattlawAttorney 4 жыл бұрын
Hi Natalie, thanks for the kind words. You are welcome to use my video anytime you like. Matt
@MarketingResolution 4 жыл бұрын
@@MattlawAttorney Thanks for that offer Matt. I'll add your video to my playlist. ;)
@personalinjuryshow Жыл бұрын
Great explanation, thank you!
@MattlawAttorney Жыл бұрын
Thanks for taking the time to leave a comment. Matt
@Kimtrammellmassage 5 жыл бұрын
Just recently had a failed mediation. Mediator is the beet in the region. Plaintiff is my brother, and he’s mentally unstable. After the third round, he issued a bottom line ultimatum. I said, “see you at trial.”
@MattlawAttorney 5 жыл бұрын
Good for you. When you are serious and ready to go to trial, the insurance company is at a huge disadvantage. They like predictability. When you say "see you at trial" they have lost control. Best of luck to you and your brother.
@davidharcot220 2 жыл бұрын
you are GREAT
@MattlawAttorney 2 жыл бұрын
Thanks for watching and taking the time to leave a message.
@deancorrington3894 8 жыл бұрын
Thank you for posting this :)
@MattlawAttorney 8 жыл бұрын
+Dean Corrington Thank you for watching. And good luck with your mediations.
@jamessoho6825 3 жыл бұрын
Yes, i think it was just auto and i believe they have umbrella of alot more, my bills are 300k plus maintance of the pump?
@MattlawAttorney 3 жыл бұрын
Future medical expenses are very important damages in any injury case. Make sure your doctors document what you will need for future care, the frequency of the procedures, the duration of each type of care, and the cost for each thing. These 4 elements are required proof that must be established in court for a jury to award your future medical bills. Good luck with your case. Matt
@jamessoho6825 3 жыл бұрын
Mr Powell, I had 2 spine surgeries last year, L2 in January, a fusion and in Aug I had C5 neck fusion. In November 17, I was hit by another car, totaled mine. It was a company car that hit mine with 1m policy, well I ended up with another Low back surgery at L4, it broke my fusion and my neck hurts now at C2 and C3, the m.r.i. shows spinal stenosis, but its livable for now, I also got carpal in both hands, I just had 1 fixed so far. Next week my pain management Dr is putting in a Fentanyl pain pump, because of all the arthritis from all the surgeries. My Bill's are about $300k and iam done next week, but my Pain Dr has to maintain the pain pump. I was thinking they should have more insurance then 1m, like a binder on the company? I havnt been able to find a great lawyer, I had one, but he was always negative about the case, so I parted ways. I like winners. If they only have 1 mil, do you think I can the first part of the case myself and make a demand on my own, cause if it goes to trail there isnt much left with a lawyer?
@MattlawAttorney 3 жыл бұрын
Hi James, sorry to hear about your serious injuries. I suspect you might be able to resolve your case for the 1 million dollar policy limits without filing a lawsuit. However, I do suggest you hire a board certified trial lawyer. Because with a lawyer, and the real threat of a law suit being filed and the lawyer seeking more than 1 million from a jury is a strong motivator for an insurance company to pay fair value. And if you do file a lawsuit, you may find out the defendant has an umbrella insurance policy that provides coverage above one million dollars. Good luck to you, I hope you are able to resolve your case without a lawyer, but I would not be too surprised if the insurance company makes a low offer. But it never hurts to ask and see. Just be careful you don't let too much time get buy and you miss the statute of limitation for your case and recover nothing. Good luck. Matt
@enavigator3821 3 жыл бұрын
I don’t understand why the at fault driver attend the mediation, because he/she doesn’t have any decision making power at the mediation. At the end the insurance company decides the settlement with the other side.
@MattlawAttorney 3 жыл бұрын
The at fault driver should attend their own mediation and make sure the insurance company does not force the poor defendant to go to trial and be exposed to a verdict over their policy limits. If you are a defendant in a personal injury claim, you should be in close contact with the attorney they hire to defend you. You want to tell your lawyer that if the opportunity to settle this case against me comes along, you are directed to settle this case and prevent me from having to pay more than my policy limits.
@enavigator3821 3 жыл бұрын
@@MattlawAttorney That makes sense, Thank you for the explanation.
@fb510m 4 жыл бұрын
Great info!!!!!!!!! Thank you.
@MattlawAttorney 4 жыл бұрын
Thanks for watching. I hope if you have a mediation it goes well for you.
@hz4331 4 жыл бұрын
You’re right now the insurance company offering ridiculous offers to cause conflict between lawyer and Client.
@MattlawAttorney 4 жыл бұрын
When this happens, talk to your own lawyer, one who is not paid by the insurance company.
@nicolitas123 11 жыл бұрын
nice video
@pamelaswan2774 5 жыл бұрын
My attorney had me work through a Re-Hab Service to find me a job that paid me at least the amount I would be making when I left the company. According to the Re-hab Service we have exhausted the job market and we have a mediation date and possibly a video deposition if a mediation isn't arrived at. In a 2000 mediation the employer agreed to pay all medical and medicines and Physicians for my injury and it was signed by a judge and they have cooperated. Can the pre- mediated and judge signed agreement be removed from the table at a mediation hearing for my case now for lost wages? Thank you.
@MattlawAttorney 5 жыл бұрын
Hi Pamela, I don't think you are at risk of losing your already established settlement by going to a mediation now. In many cases the employer wants to mediate and offer you a lump sum to pay you. They oftentimes want to cut their payments and exposure going forward and they might offer you a lump sum to allow them to close your file. But talk with your attorney and follow your attorneys advice. Good luck with your mediation. Matt
@pamelaswan2774 5 жыл бұрын
@@MattlawAttorneyYesterday at my Mediation meeting My Lawyer's(who I'd never met before, I had another person until this meeting) first offer was $125,000 with my medical needs (asthma COPD) from chemical exposure in 1997 and at that time medical was still covered as a partial settlement. I continued working another 11 yrs. and grew tired of becoming sicker and sicker I quit to look for a safer job...I was never offered a Rehab opportunity to learn skills back in 1997. The Mediator went to the Defense/ insurance company and came back with an $1100 offer and no medical care anymore. After many runnings back and forth the Mediator said this there final offer $20,000 no medical and out of the $20,000 still $6000 in Lawyer fees would come out. While I was in the Ladies room the Mediator and my Lawyer encouraged my friend who drove me (I can't drive in winter, another Dr's note for anxiety reasons) to take the $20,000 off ( she told me as soon as we got to the car) so I have one week to think about this offer and my Lawyer is calling me. Something is very wrong here, my Pulmonologists letter's all say I will have this Asthma/COPD for ever, how can they take that away and offer such a small settlement. I did find a safe job myself in a school cafeteria but wages are $13.06 versus the $18.50 an hour at my former employer How can I fix this? The owner of this Work Comp Lawyer Practice is 5 star but the underlings are screwing me over- should I talk to the owner or wait and see what his daughter who turned out to be the Lawyer at my Mediation meeting has to say in one week? I think I have a better chance at a trial and being that I have driving stipulations a video deposition should be allowable? But the insurance company wants me to find a driver to take me 8hrs away for a deposition. I am not mentally incapacitated- this all sounds convaluded. I do not know what to do but turn this offer down and pre-pare to fight ? Are these actions normal??
@Goblues1980 5 жыл бұрын
What if walmart cmi says the knee injury is a "payable" claim and to get all medical bills and call them back and they will make a settlement offer?
@MattlawAttorney 4 жыл бұрын
If you can settle your own case, that is great. But make sure you don't settle for less than your case is worth. Keep in mind that if your knee requires surgery later, you won't be able to go back and ask for more money.
@shankar3950 3 жыл бұрын
Why didn't you get a lawyer? My mom slip and fell at Walmart injury to both knees and back and she had to get a lawyer, that was the best decision because you'll definitely get a good and fair settlement..you should get a lawyer
@gmd517 7 жыл бұрын
Hi Matt, if you go to trial...can you request a Judge instead of a Jury by trial? Since a jury can't hear about the insurance policy, crash report, or any tickets the at-fault driver may have got. Obviously, the judge would know about the huge insurance policy. Wouldn't it make sense to request a judge...especially when most of the facts are on your side?
@MattlawAttorney 7 жыл бұрын
You ask a great question. The answer is Yes, it is a wise idea in some cases to ask for a Judge, rather than a Jury. But the law in Florida is that either side can ask for a Jury, and then it will be a Jury trial. Surprisingly, I see the defense almost always ask for a Jury in virtually every case.
@gmd517 7 жыл бұрын
MattLaw Thank you for answering my question. I will be in your office to retain you in a week or two.
@MattlawAttorney 7 жыл бұрын
Thanks for watching my videos. I look forward to talking with you about your specific case. Matt
@soyyo9704 6 жыл бұрын
Insurance are refusing to pay bills they said it was not due to my fall, when I got worse. I have no lawyer. ???????
@MattlawAttorney 6 жыл бұрын
Hi Heladio, I suggest you get an attorney. When the insurance company won't treat you fairly, you don't have much of a choice but to hire an attorney.
@dee8864 4 жыл бұрын
awesome
@MattlawAttorney 4 жыл бұрын
Thanks for watching.
@kristophercormier6466 4 жыл бұрын
Hello Matt my wifes layer sent out a proposal for settlement of 100,000$ do you think it will settle or go to mediation? her deposition is in a month
@MattlawAttorney 4 жыл бұрын
Hi Kristopher, I can't predict the future of your wife's case. It all depends on the level of damages, the liability and insurance policy limits. I hope your wife gets a great result.
@flowersun321 7 жыл бұрын
Hi Attorney Matt Powell. I found out to day after a lawyer reviewing my file that I had three lawyers. one with a lein. the other two. i never signed papers. Is there a solution to this matter? thanks
@MattlawAttorney 7 жыл бұрын
Hi Lara, talk with your attorney you have now and ask him to investigate the other attorney liens. If they were hired by you and did work for you, they may be entitled to be paid for their work. I can say for certain that in Florida, if an attorney claims some sort of lien for work performed on behalf of a client, they have to have a written fee contract which would be used to prove you hired the attorney. So, if you have attorneys claiming some sort of lien and you never formally hired them, well, I don't see how they should be entitled to any compensation. It would appear they gave you a free consultation. But check with your attorney.
@flowersun321 7 жыл бұрын
+MattLaw hi matt, I have like 3 lawyers.1 with a lien that did no work. the 2nd Attorney had my case for 1 week said they didnt want to get involved cause i had a dr say i wasnt hurt, and the 3rd one had it for less than one week. Can the other Lawyers have leins too? With this being my first accident I didnt know what to do. My question is can Insurance adjusters hold that against you having more than one lawyer? #2)Would you recommend mediation, cause I am still in recovery? #3) Is there a chance that the Insurance company could increase their offer? Sorry so many questions!! Good to see a lawyer that knows the law inside n out. ☆☆☆☆☆ from me. Thanks
@MattlawAttorney 7 жыл бұрын
Hi Lara, The good news is that I doubt that the two lawyers who only had your case for a week will have any sort of lien. You can write them a nice letter and ask them to confirm they don't have a lien. My best guess is that the adjuster is telling you this to scare and intimidate you. The reason an adjuster says this is because they received 3 different letters from three different attorneys advising them that each of the attorneys was your lawyer. So, in the insurance companies mind, they potentially have to add each of the lawyers to your settlement check, so they don't get sued later for missing an attorney lien. You can fix this by asking the lawyers to confirm they are not seeking payment for working for you one week. Send these letters to the insurance company. The one lawyer who may have done work for you, may also agree to send you a letter advising everyone that they are not seeking any lien. Now, the fact that you have gone through 3 lawyers is something the insurance company will consider before making you an offer. They figure, heck, this lady can't get a lawyer to stay with her, so her case must not be of high value. I would not recommend mediation until you know the full extent of your injuries. Otherwise, you won't be compensated for injuries that may get worse over time. The insurance company will probably say to you, well, since you have not been finalized and you don't have clear diagnosis, we are not going to pay you for these injuries which may heal. I think they will use the mediation as a chance to scare you into a quick settlement. Will they increase your offer? Maybe, it all depends on what the issues are that are causing them not to offer you more. If it is fault then they may not increase the value. If it is your injuries and damages, they may increase their offer once they get a better understanding of your injuries from your medical records. The fact that one doctor said you are not hurt will be a problem that will make it hard for them to justify paying full value, unless you have better records from better doctors explaining that you are indeed seriously injured from this crash. Good luck, I suggest you find a good lawyer to help you with your case. Matt
@kinglove8888 2 жыл бұрын
I thought this would be the proper way of mediation in civil cases There would be attornies/office/mediator and table in an office not in cornor store to cornor store
@MattlawAttorney 2 жыл бұрын
Most mediations are structured and organized and held in a courthouse, an office, or some quiet place. But I guess you can try to settle a case anywhere, even a store. Good luck to you. Matt
@naeru5810 7 жыл бұрын
Judge or attorney can not say 1 side was willing to settle for an amount.
@MattlawAttorney 7 жыл бұрын
In the trial of your case, the jury is not told about any settlement negotiations. However, almost every Judge asks the parties how close they are to reaching an agreement. If the Judge thinks the parties are close in the value of the case, may put added pressure on one side or both to get the case resolved rather than conduct a jury trial that will probably last one week.
@nickkrikorian5780 5 жыл бұрын
Is rubenstein law firm a good firm of attorneys?
@MattlawAttorney 3 жыл бұрын
I don't know them very well.
@MoeMoe-nu7vt 4 жыл бұрын
Does a criminal convention come up in my deposition
@MattlawAttorney 4 жыл бұрын
It probably will, and the best thing you can do is answer the question truthfully. Consult with your attorney on how best to handle this issue.
@osmelgomez9494 2 жыл бұрын
Hi question Mediation can be by phone???
@MattlawAttorney 2 жыл бұрын
Yes, mediation can be done over the phone.
@osmelgomez9494 2 жыл бұрын
@@MattlawAttorney thank you
@DrFrankenschtein 3 жыл бұрын
I liked the little cover story you created to protect yourself/colleagues from incorrectly evaluating your clients’ cases. When in doubt (or when you goof up), always demonize the insurance company. Major red flag bud! 😂
@MattlawAttorney 3 жыл бұрын
When in doubt, tell the truth.
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