If you were injured due to the negligence of someone else, you may be eligible to recover damages for your losses. This can be done by negotiating a settlement or presenting your case in court. Oftentimes, mediation is a favorable alternative to litigation, as it can be less costly, time consuming, and stressful. The goal is to allow both parties to come to an agreeable resolution. However, according to the personal injury law experts at Seiler & Parker, P.C. L.L.O. in Hastings, NE, mediation isn’t always successful. They say there are a number of reasons a case may not be able to be resolved in this manner and provide a few of them below.

Personal Injury Law Professionals Go Over 3 Reasons Mediations Fail 

1. Lack of Preparation 

Proof of liability typically falls on the shoulders of the injured party, making it crucial an attorney is ready to present a strong argument on their client’s behalf. They should have all evidentiary materials gathered and organized beforehand, and they should review all the documents with the client as well. In addition, it’s important for them to brief victims on the mediation process so they know what to expect. This is why it’s vital to choose a competent legal representative who has plenty of experience in personal injury law.

2. Unrealistic Expectations 

It can be difficult to calculate how much a personal injury claim is worth because there are often variables a victim should be compensated for that have no monetary value, such as pain and suffering. Because of all the injured party has been through, it’s easy for them to feel like they’re entitled to a large settlement. However, the insurance company for the other side may not view the injuries as that serious. This means their idea of how much should be paid out will be different from the victim’s. Thus, it’s essential for both parties to accurately assess the damages incurred and enter into mediation with reasonable expectations.  

3. Inflexibility 

More often than not, both parties will arrive at a mediation session with an unwavering opinion on the different aspects of the case despite having yet to hear the other side’s version of events. Frequently, once everyone has been given the opportunity to present their case, impressions of what happened can drastically change. Unfortunately, it’s not uncommon for one or both parties to remain unwilling to compromise on their point of view. This inflexibility can quickly bring negotiations to a halt. 

A good attorney will provide the guidance you need to avoid these challenges and increase the chances of a productive mediation. Having handled a number of personal injury law cases over the years, both in and out of the courtroom, the legal team at Seiler & Parker, P.C. L.L.O. has helped many clients receive the full compensation they deserve. To find out how they will help you, call (402) 463-3125. You can also visit their website for more information.