Starting on January 1, 2012, the new Supreme Court Civil Procedure Rule 1.720 was put into practice in Florida. This rule was enforced to change mediation and the mediation process that occurs when two parties are trying to reach a settlement. The state of Florida has used the mediation process for the past 20 years and has played a key role in personal injury cases. However, when both parties do not attend in good faith, the mediation process is a waste of time and energy.
For example, it has become increasingly common for one party to attend the mediation simply to learn about the opposing case, instead of trying to settle the matter. In personal injury cases, the insurance companies and large corporations would send a representative, such as a low-level adjuster, to the mediation who had no power to actually settle the case. This new rule was created to force these large companies to quit showing disregard for the mediation process. Insurance lawyers are no longer allowed to sit through the Plaintiff's presentation just to learn about their case, and they are now required to send a person who has actual authority to the mediation.
Thanks to this new rule, those filing for a personal injury claim can be more successful in settling their claim outside of court. Together with the help of their attorney, they will be more likely to settle the matter in mediation and avoid the extra legal processes of the courtroom. Even though the law does not require the case to be settled at the mediation table, it is now much more of a possibility. The insurance companies must send a person who has the ability to settle the case for its true value or the policy limits.
If you are seeking to file a personal injury claim after you have been injured because of the negligence of another, it is a good idea to enlist the help of a personal injury attorney who is familiar with both state and federal laws regarding mediation and the courtroom process. Without a legal expert on your side, you will be easy prey for the insurance adjusters who will try to get you to settle for a lesser value. It is important for you to give your attorney adequate time to prepare for mediation so that he or she can be fully prepared. The right attorney for your case will prepare for mediation like your case was going to trial so that the Plaintiff will see that you are prepared to try the case if it is not fairly settled. Statistics show that personal injury defendants are much more successful than plaintiffs when their case goes to trial, where insurance companies are desperately trying to limit their risks. With the help of a skilled personal injury attorney, you can be confident that your claim will result in a fair settlement, regardless of whether you settle during the mediation process or in the courtroom.
For years, the personal injury law firm of Weinstein, Scharf & Dubinsky has been providing superior legal defense to citizens of Florida who have been wrongfully injured. With over 86 years of collective experience, the legal team at their firm has a proven record of success in recovering high settlements for serious injury cases. With a determination to never give up, a Ft. Lauderdale personal injury attorney at their firm will vigorously defend your rights in any type of personal injury case.
When you have suffered injury because of the negligence of another party, it is imperative that you seek justice for your injuries. Contact a Tampa personal injury attorney today to receive a free case evaluation and learn more about how we can help at http://www.fortlauderdalepersonalinjuryfirm.com/.
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