Miami Personal Injury Litigation Process

When you hire a lawyer to pursue personal injury litigation in Miami, a dramatic television-style courtroom battle will not necessarily ensue. It is possible to reach an agreement with an adversarial party outside a courtroom that can be just as emotionally and financially satisfying, and that is often quicker and less costly in terms of legal fees.

Your two alternatives to a court trial are arbitration and mediation. Essentially, they work in defined, efficient and effective ways, depending on the circumstances of a case.

Arbitration

This involves engaging a neutral third party, an arbitrator, who listens to both parties, reviews evidence, and renders a decision. Characteristics of arbitration are as follows:

• Mandatory arbitration—Most often, arbitration is pursued because it is stipulated in a contract that exists between the two parties before a dispute arises. This is called a mandatory arbitration.
• Voluntary arbitration—Both parties agree to arbitration although other options were available.
• Ground rules—An arbitration contract may specify how the arbitrator is selected, which party or parties are responsible for attorney fees, and if the decision of the arbitrator is to be kept confidential.
• Binding vs. non-binding arbitration—When both parties agree that the arbitration is the final decision, it is binding. Non-binding is when either party can dispute an outcome, knowing that the decision of the arbitrator can be cited as an independent assessment in a court trial.

Mediation

The least formal of the three processes, mediation generally provides an intermediary between a claimant or plaintiff and the defendant insurance company. Characteristics of mediation include the following:

• Often seen as a fast track means to achieve a fair and reasonable settlement
• Settlement requests are generally made at a reasonable amount, not exorbitant

Miami Personal Injury Litigation

In Miami, personal injury litigation is your third path, of course, which is often followed after a failed attempt at arbitration or mediation. Your injury litigation in Miami should be an option discussed with your attorney, as there are situations that warrant going to court.

All of these courses of action require an investigation, a gathering of information that enables your Miami personal injury lawyers to evaluate and negotiate your claim. The investigation can include records, computer searches, interviews with witnesses, and conference and other communications records between the defendant and his or her insurance companies.

In the case of medical injury, a medical witness on your behalf needs to provide an analysis of your medical records and the prognosis of your recovery. With that information, an economist will review those medical records and your prognosis to determine lost present and future income and future expenses. These numbers often are the basis for a Miami injury settlement claim.

But before any decision is made on how to pursue damages caused by an injury, you need to meet with your Miami personal injury law firm. At Fournaris & Sanet, there is no obligation for an initial consultation where we will provide an honest evaluation of your claim and the process we would recommend. And as with all personal injury cases, the fee is contingent on a successful settlement. Contact us to learn more.