The Stages on Filing a Personal Injury Claim (Part III)

A personal injury claim does not purely involve court battles. It is a general practice rather for courts to compel the opposing parties to have their cases be settled “out of court” through any of the allowable alternative dispute resolution processes. Normally, this endeavor may proceed even before or while the formal trial in court is on going.

Entering an Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) includes a wide array of processes in settling arguments of the opposing parties outside the court or any government judicial procedure. Usually, both parties result in these settlements in order to lessen their burden of paying legal fees. More so, ADRs seek to avoid those complicated and time-consuming legal arguments in the trial proceedings.

Major Types of ADRs
•    Negotiation – This ADR process involves voluntary participation between the plaintiff and the defendant. However, this practice does not necessitate a third party to facilitate the process of resolution or impose a decision
•    Mediation – In this method, a third party or mediator is needed to assist in the resolution process. A mediator may then suggest his proposal after hearing the arguments of both sides. Nevertheless, he cannot impose any resolution on the conflict.
•    Arbitration – Like in mediation, this approach requires a third party or arbitrator to hear both parties and to act as a private judge. An arbitrator can impose a resolution if the plaintiff and the defendant have agreed to resolve their conflict through this kind of process. Yet, the parties may still appeal the result to a proper court if they do not agree with the verdict.
•    Conciliation – This aims to resolve an argument through reconciliation process in which a conciliator tries to build a positive connection between the two parties. A conciliator facilitates communication and therefore attempts to clarify the misconception between the disputing parties.


Tips when Engaging on an ADR

•    Be firm with your targeted recovery or settlement
•    Prepare for the process proficiently by analyzing the merits of your case and gathering much information
•    Demand for a just settlement based on your past and expected expenses and other losses such as medical bills and wages.
•    Control your emotions
•    Listen closely on the other party’s statements
•    Carefully examine the concessions offered by the defendant and do not just be carried away by those large offers.

Seeking for the Right Advocate
The secret of having a successful settlement procedure depends on the capability of your chosen litigation lawyers. Thus, hiring a legal counsel who has an extensive experience and skills in going through these procedures is very much advisable. This will give you a better chance of obtaining a just settlement for your case.


Our law firm's CA Litigation Lawyers have significant experience in handling business litigation and personal injury litigation.