Mediation & Conclusion
Civil actions or suits are expensive for all parties involved. The trial of a civil suit, whether for a car accident or an industrial accident, can be expensive. This is especially true if a person is injured in an industrial accident or construction accident.
Any party bringing a lawsuit for damages has the burden of proof, meaning they must prove all the legal elements by a preponderance of the evidence. A preponderance of the evidence means the Plaintiff has proven the facts are more likely true than not true. One area of cost is that charged by expert witnesses. Expert witnesses are often called to explain the injuries suffered or why the Defendant is liable.
One alternative to a trial is the mediation process. Mediation has been active in the United States Federal Court system in West Virginia since the late 1980's. In the past ten years, almost all Circuit Courts in West Virginia have started to encourage or even require mediation.
During the mediation process, the parties meet with an experienced attorney and during what typically takes the better part of a day, the parties attempt to resolve the suit. All parties are required to attend the mediation, along with an insurance adjustor or corporate representative who has the authority to settle the claim.
The lawyer for our injured plaintiff filed a mediation memorandum in this case to help the mediator, defense Lawyer and adjustor understand the Plaintiff’s position of the suit.
This concludes the review of the discovery process for our roof fall case. If your case settles, the parties will submit a dismissal order to the Court. If the matter did not settle, the jury will determine the fate of our injured worker.