Were you hurt in an accident in Chicago or elsewhere in the surrounding region in Northern Illinois? You have the right to seek compensation for your damages from the at-fault party through a personal injury claim. Only a relatively small share of personal injury cases end up in litigation. Many claims are settled. With that being said, settlements are not always easy to reach. Mediation may be required. At Kennedy Watkins LLC, we represent victims and their families. Here, our Chicago personal injury lawyers provide a comprehensive guide to mediation in Illinois.
What is Personal Injury Mediation?
The Illinois State Bar Association (ISBA) explains that “mediation is a confidential process in which an impartial third party called a mediator acts to facilitate the communication and negotiation between parties in order to bring about a resolution to their dispute.”
Mediation is an alternative to litigation and it can be an effective option for dispute resolution in cases where a settlement could potentially be in reach. Many personal injury claims in Chicago that involve serious injuries are mediated.
Key Points to Know About Mediation in Illinois
How does meditation actually work for a personal injury claim in Illinois? The answer depends on a number of different case-specific factors. With that being said, mediation is generally an informal, non-adversarial process. A professional (neutral) mediator will be selected to help the parties work towards a settlement. Here are key points victims in Chicago should understand about mediation:
- A Mediator is Independent and Impartial: The right mediator can make a big difference in a personal injury claim. A mediator is a neutral third party who does not take sides or make decisions about the case. Instead, their role is to facilitate discussions between you and the insurance company (or defendants) to help reach a settlement.
- The Goal of Mediation is Negotiation: Mediation is designed to help both sides find common ground and reach a settlement without going to trial. During mediation, you and your attorney will present your case, and the defense will do the same, with the mediator working to bridge. The goal is to leave the process with a full and fair settlement.
- Mediation is Confidential in Illinois: Everything discussed during personal injury mediation in Illinois is confidential and cannot be used against you later in court. Why does this matter? The confidentiality allows both sides to negotiate openly without fear that their statements will be used as evidence if the case proceeds to trial. As a general rule, a mediator cannot be called to testify even if the personal injury claim is eventually litigated.
- Personal Injury Mediation is Non-Binding: While Illinois courts may order mediation in some personal injury claims, it is never binding. If mediation does not produce a settlement agreement that you are satisfied with, you have the right to withdraw from the process and to try other options—potentially including litigation.
How to Prepare for Personal Injury Mediation
For mediation to be an effective tool in your case, it is imperative that you are properly prepared. Here are three tips to help you get ready for a personal injury mediation in Chicago:
- Work With a Top Illinois Lawyer: Personal injury mediation is complicated. There is no reason to take on the process. Insurance companies have experienced legal counsel on their side. A top-tier Chicago personal injury lawyer can help. Among other things, your attorney helps you gather evidence, present your case effectively, and negotiate for a better deal.
- Get Organized (Strong Evidence): Insurance companies do agree to settle personal injury claims until they have seen strong, comprehensive evidence that establishes liability and damages. The strength of your evidence plays a crucial role in mediation—just as it would in court. Your Chicago personal injury lawyer can help you gather and prepare the evidence.
- Know the Value of Your Case: You will not be in the right position to settle a personal injury claim if you do not know the value of your case. Before entering mediation, it is important to have a realistic understanding of what your claim is worth. Your lawyer can assess damages such as medical expenses, lost wages, pain and suffering, and any other potential future costs to determine a reasonable range for settlement.
You Need the Maximum Financial Compensation for an Injury
In Illinois, injured victims have the right to recover compensation for the full value of their injuries from the at-fault party. If you were hurt in an accident and you are entering personal injury mediation, it is imperative that you are ready to negotiate for a full and fair settlement. Our Chicago personal injury lawyers help victims seek compensation for:
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Long-term care;
- Loss of wages;
- Diminishment of earnings;
- Pain and suffering;
- Emotional distress;
- Disability or scarring; and
- Wrongful death.
Why Trust the Chicago Personal Injury Attorney at Kennedy Watkins
While a significant share of personal injury claims are resolved through a settlement, that does not mean that it is easy to get an insurance company to pay out full and fair compensation. Your case may need to go to mediation. At Kennedy Watkins LLC, our Chicago attorneys have the skills and experience to represent clients in personal injury mediations. With a strong record of verdicts and settlements, we fight aggressively for justice when it matters most. You do not have to take on the claims process alone: Our Chicago personal injury lawyers provide free, no obligation case reviews.
Contact Our Chicago Personal Injury Attorney Today
At Kennedy Watkins LLC, our Chicago personal injury attorneys are committed to helping victims and families secure the maximum compensation. If you have any questions or concerns about personal injury mediation, we are here as a resource that you can rely on. Give us a phone call now or get in touch with us online for a free initial consultation. With an office in Chicago, we fight for the rights of victims and families in Cook County and throughout Northern Illinois.