If you or a loved one has sustained a traumatic brain injury (TBI) because of another party’s negligence in Kansas or Missouri, you may be feeling overwhelmed. Navigating the personal injury claims process can be daunting. Often, TBIs bring lasting challenges, including ongoing medical care, the inability to return to work, and rehabilitation. It is understandable to want a path that can avoid months or years of stressful litigation. Mediation is one of these paths. But can you mediate a traumatic brain injury case in Kansas or Missouri? Yes. In fact, not only is mediation an option, but it is often a recommended and strategic move towards achieving full and fair compensation.
Defining Mediation
Mediation is an alternative dispute resolution (ADR) method that involves working with a neutral third party (the mediator) to reach a mutually agreeable and beneficial resolution outside of court. In a personal injury case, the plaintiff and at-fault party or their insurance company work with a mediator to find common ground, exchange views, and reach a mutually agreeable settlement.
Unlike a judge, the mediator does not make the final decision. Mediation allows the parties to retain control over the outcome. The mediator’s role is to facilitate discussions and help the parties explore solutions. In fact, a mediator cannot even provide legal guidance to either party. They must remain neutral throughout the process.
Can You Mediate Your TBI Case?
As stated earlier, you can mediate your TBI case in Kansas or Missouri. In fact, in both states, the courts encourage claimants and defendants to try mediation before proceeding to trial. Mainly, courts do this to reduce the strain on the judicial system. However, mediation can also offer several benefits to both claimants and defendants.
Why Mediation May Be Beneficial in Your TBI Case
If you or a loved one sustained a TBI and are considering mediating your case, here are some of the benefits this option may offer;
- Speed: Mediation can help resolve your case in a matter of weeks or a few months. Litigation is usually lengthy, with some cases taking years to resolve.
- Reduced Costs: Mediation does not involve extensive legal and court fees, so it can help you save money. This can be especially important given the financial impact a TBI can have.
- Privacy: While court proceedings are public, mediation is confidential. This can be vital if your case involves sensitive medical information.
- Control: Mediation allows you to retain control over the outcome. In court, a judge (someone you don’t know) has the final say on whether the defendant is liable and how much you should receive if they are.
- Flexibility: Trials are quite rigid as judges must follow strict rules and apply the law as written. Mediation is different and allows parties to explore creative solutions, such as structured settlements.
When Mediation May Not Be Appropriate
While mediation can be beneficial, it is not suitable for all TBI cases. For instance, if the at-fault party’s insurance company is unwilling to negotiate in good faith or denies liability, it may be necessary to proceed to trial to secure fair compensation. A skilled attorney can help you determine whether to try mediation or go to court.
Contact Us for Legal Guidance
For help deciding whether to mediate your case, contact our experienced brain injury counsel at Griggs Injury Law. We can evaluate your case and guide you through the process. We can help you pursue the path that can best protect your future.
