Mock Trials And Mediations How They Affect Personal Injury Litigation

Written by Small Business Tips. Posted in Bankruptcy mediation, Criminal justice, Judge edward cahn

Judge faith s. hochberg

It can be extremely difficult to prepare for litigation, especially if you’re bringing a lawsuit against a person or business with resources that seem much greater than your own. All too easily, people are intimidated out of pursuing litigation that they have the right to. People give up on cases because the issues seem too broad, or because they’re talked out of believing that they have a case. This is especially true for those pursuing personal injury litigation. Whether you’re suing a person because of intellectual property violation or professional malpractice, you can easily be convinced that you, as one person, can’t possibly go up against someone with potentially greater resources. For one thing, you should remember that ideally, you won’t be on your own here; you’ll have an attorney on your side, and should hire an attorney for any personal injury litigation cases. For another, there are many ways in which you can make your case easier to handle through pretrial mediation services. Mediation services can help resolve some cases entirely before they even go to trial — while others, they merely simplify. Mediation services may not be necessary in some cases; but they’re musts for personal injury litigation cases. Let’s find out why.

What Are Personal Injury Cases?

Personal injury litigation is actually a fairly broad field. It can be difficult for some people to wrap their minds around the concept of a personal injury case; few of us think that we’ll actually have reason to bring one up ourselves. Personal injury attorneys have gotten a bad rap over the past few years, being associated with “ambulance chasing”. But in fact, personal injury litigation is less about chasing down a doctor or other “higher ups” for money, and more about getting the compensation you deserve to help you deal with an injury of some kind, physical or emotional. Some personal injury cases have to do with individual incidents, like car accidents. The compensation given during these cases goes towards covering medical bills. Other times, personal injury cases can surround a more long-term, widespread issue — like that of medical malpractice, or even the mismanagement of hazardous waste. Industrial plants have, with good reason, been the targets of personal injury lawsuits; it’s estimated that we could save about 5,000 lives per year, as well as reducing heart and respiratory diseases, if we could reduce the emissions from industrial plants. An estimated 40% of Americans are worried about environmental dangers like those of carbon emissions, methane emissions, and more. Sometimes, plants don’t do what they legally should to reduce the risk of such problems — and they can be taken to court for this. But often, people feel worried about confronting big businesses with personal injury lawsuits.

How Can Mock Trial Hearings And Mediation Help Your Case?

Mock trial hearings are exactly what they sound like — they give legal teams the opportunity to try their cases in a mock setting. This allows them to get an idea of what the jury would think of certain witnesses, as well as what works with their story and what doesn’t. Mock trials are assets for many legal teams, which would otherwise go in “blind”. Mediation services, conversely, help both sides attempt to get to some kind of resolution before they go to court. Mediation sessions can often help people avoid a trial altogether. It’s believed that in 1962, about 11.5% of civil cases went to trial — today, only about 1% go to trial. Much of this reduction in cases going to court can be owed to mediation.

Should I Pursue My Case?

Holding mock trial hearings and consulting with your attorneys on a frank and honest level will help you decide whether or not to pursue your case. But fear shouldn’t be a factor in making that decision — just because you’re going up against someone with more resources doesn’t mean that you’re wrong to pursue your case. Only that it might be a bit more of a challenge in the beginning.