As common as personal injury cases are, most people, including professionals, would like to think (or hope) that settlements would come at a much more accelerated pace and that everyone can go their own separate ways with closure swiftly. Unfortunately, this is very far from reality, as insurance companies are in place, as well as attorneys, to fight on behalf of the accused, even if the claims are inaccurate or unethical. That is, where of course you the attorney, come into play in representing your client in the most effective, involved way possible to get the most out of mediation within a personal injury case.
Keeping your client proactive
Keep your client in the loop. As an attorney, you know how daunting of a task representing and remedying a personal injury case can be, but this may easily be your clients first time. In addition to keeping him or her in the loop, try to ensure they are properly not only receiving necessary medical treatment, but storing and sharing said official documents of treatment with you. Try to help your client understand the easily-lengthy process of a personal injury mediation and settlement. Communication is key, and without keeping your client on board they may become discouraged, or even worse completely fall off the grid or decide to drop the case.
Being responsible in your demands
As a reputable and credible legal representative you know “the game” of demands, settlement scoring and the ‘routine’, but your client likely does not. It’s equally valuable to include your client in settlement meetings, while of course advising them to minimally intervene or express desires, as this could be detrimental as well as professionally irresponsible of both them (unbeknownst to themselves), as well as you as their legal representative. Help your client understand the process of aiming higher than the proposed amount, don’t get your client’s hopes up, and help them understand that in many ways it is ‘just a game’—similar to buying a new or used car.
Always advance against the Defense
We know it, and you know it too. Being as many steps ahead of the opposing party as possible is essential in pursuing success in any case, but especially a personal injury case. In addition to relying on mediation, ensure you are preparing your argument, settlement demand, and evidence in a timely fashion as to advance and (ethically) overwhelm the side of the defense rendering them as professionally helpless as possible to rebuttal or put up resistance—no one likes hearing that a personal injury settlement can take up to a year or more.
Communication between a client and attorney is of the utmost importance. While you are an educated, experienced expert in the field, your client is simply your client. Help represent them and communicate with them in the most friendly, understandable ways possible, while still maintaining a professional distance—as of course, naturally you have a multitude of other cases to oversee and defend. Don’t ever fear a personalized touch with your client, just make sure they know the limitations, expectations, and criteria for mediating, fighting if necessary, and winning a personal injury settlement.
Blenner Law Group also has Personal Injury Attorneys and Paralegals available to assist you at our Palm Harbor Office. Many of our Clients from both Pasco and Pinellas Counties come to our Palm Harbor , Fl Office to meet with our Personal Injury Attorney.
Image credit: Marcin Balcerzak