Should Your Case Go To Trial Or Mediation?
Many personal injury and medical malpractice lawsuits in Louisiana settle out of court. The settlement is typically preceded by informal or formal mediation sessions. These sessions provide a chance for a victim of serious injury to participate in their case and therefore participate in their result. The mediation is confidential and if no resolution can be reached at the mediation all parties preserve their right to trial.
Helping clients determine and decide on the best path forward involves close collaboration, careful preparation and clear communication. This is what you can expect from Thomas B. Calvert‘s Metairie-based law firm.
Trials Can Be Costly
It is essential to understand that winning a trial may come at a high price. Consider the following risks to a client’s ultimate net recovery when a trial is the chosen way forward:
- In a medical malpractice claim, Louisiana places a cap on how much a plaintiff may recover. Total damages are limited to $500,000, exclusive of medical bills and related benefits as defined by the Louisiana Medical Malpractice Act.
- A plaintiff generally cannot win without an expert witness. The cost of multiple witnesses at a trial can exceed $50,000. Court fees and other costs can add up as well.
- A plaintiff who loses a personal injury or medical malpractice trial may still be responsible for reimbursing the defendant for court fees and other costs.
The Benefits Of Mediation
In contrast to the financial risks of a trial, mediation offers the following benefits:
- Personal details discussed in mediation sessions as well as the amount of the final settlement may all remain private.
- A plaintiff has an opportunity to actively weigh the validity of arguments on both sides of a case.
- A plaintiff has the opportunity to control their own destiny in mediation. In a trial, the judge and jury make the ultimate decision.
- Mediation expedites the resolution of the case. If an agreement can be reached by all parties there are no appeals. In Louisiana, the appeals process can take as long as 2 years.
Mr. Calvert is 100% devoted to providing litigation representation. However, he understands that laws and court outcomes are ever-evolving. He considers new court precedents, legislation and public opinion that can affect a jury. He is fully committed to working closely with each client in pursuit of the most satisfactory available outcome through negotiations, mediation or a trial.
Weigh The Pros And Cons Of Mediation In Your Case
Discuss the facts of your case and ask questions of Mr. Calvert. Learn how he can bring the benefits of his nearly 40 years of experience to your injury claim or lawsuit. Schedule a meeting with a plaintiff’s advocate for your Louisiana injury claim by calling Thomas B. Calvert at 504-273-7674 or by completing an inquiry form.