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What is Mediation and Why is Mediation Required in Florida

November 28, 2016/in Negotiate Damages /by Jeff Davis Law

Mediation is required in every civil action in Florida. Mediation is a structured settlement conference that the parties to a civil lawsuit must attend. In every personal injury case that is in litigation, the Court will require the parties to meet at a mediation in order to try and settle their case. Mediation works – cases settle at mediation very often. A mediator must be certified in order to preside over a mediation conference. A mediation conference is scheduled, usually well in advance, in order to give both sides an opportunity to prepare. The Plaintiff, that is the person bringing the lawsuit, attends the mediation with their lawyer. They are responsible for presenting the case to the other side, the Defendant.

A mediation can be as simple as a short discussion about the facts of the case or as elaborate as a mini-trial with evidence, presentations of exhibits, visual aids, PowerPoints and other demonstrative tools. Our firm prepares for mediation on significant cases by gathering all of the client’s special damages, medical bills, liens, and other accident related expenses in order to specifically show the economic loss suffered by our clients.

Frequently, we will meet with visual aid companies to create mediation exhibits such as animations of the accident, PowerPoint demonstrations showing our clients’ case related photographs, videotape, damage charts, summaries of depositions, medical bills and insurance spreadsheets, accident and security films, relevant case law excerpts, jury instructions and verdict forms in order to present to the defense what we believe the jury in the trial of the case will ultimately see. The defense usually appears with the defense lawyer and a representative of the insurance company, however the Defendant individually can be required to attend as well. In the case of a business, a corporate representative can be in attendance. The mediator is typically a retired Judge or senior trial lawyer with vast experience over many years of handling similar cases.

The mediator listens to the initial case presentations from both sides that detail their case. Afterwards, the parties are usually separated so that the mediator can travel back and forth between the parties sharing relevant points and details about each side’s strength and weaknesses. Ultimately, the Plaintiff makes a settlement demand and hopefully, after some work and negotiation, the parties may reach a settlement agreement. If a settlement agreement is reached, a written mediation settlement agreement is signed by both sides and their representatives and the mediator notifies the Court of the result.

Mediation is a significant tool in trying to resolve a case since it forces both sides to attend a conference, hear from the other side and focus on the case.

Jeffrey R. Davis, P.A. Educates the Legal Community on Personal Injury Damages

December 27, 2013/in General Negligence, Legal Education, Medical Malpractice, Negotiate Damages /by Jeff Davis Law

Understanding what damages you can receive from a personal injury case is very important. That is why on December 13, 2013, Jeffrey R. Davis, P.A. took part in a Damages in Personal Injury seminar at the Hyatt Regency Miami. Jeffrey R. Davis was one of many speakers and the seminar. The seminar focused on educating others in the legal community and the public on how to negotiate and quantify potential damages in a personal injury case. The seminar provided a comprehensive view and explanation of damages in personal injury which benefited other attorneys, corporate counsel’s, claims representatives, and paralegals. It is important to understand one’s personal injury case in order to effectively quantify and negotiate damages, and learn to analyze and quantify the effect of an injury on the plaintiff’s current and future life to maximize or contest the recovery.

Mr. Davis focused on the plaintiff’s tactics in negotiating and litigating the damages in a personal injury case. Such tactics are:

  • Direct negotiations with insurance claims representatives
  • Law witnesses
  • Using expert reports and testimony
  • Use of demonstrative evidence
  • Key pleadings and motions
  • Hearsay
  • Wrongful death actions

Jeffrey R. Davis, P.A. evaluates every case individually. Because each case has different injuries, different damages, different circumstances, and different people, each case is given the attention that it deserves.  If you would like to meet with an a personal injury attorney and receive a free consultation regarding your Florida personal injury case, contact us at Jeffrey R. Davis, P.A., North Miami based attorneys, Jeff Davis and Olga Porven will work hard to try and obtain a fair value for your case.

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Jeff Davis Law P.A.

jeffPersonal injury law is our main practice. Personal injury cases arise when the tortious action or inaction of a person or corporate entity causes harm to another individual. “Tortious” acts may be based on negligence, recklessness, intentional acts, or even strict liability in certain cases (such as abnormally dangerous activities and defective products).

Accordingly, the firm handles a wide range of cases involving accidents, medical malpractice, insurance disputes, products liability, and premises defects. For specific areas please browse our complete list of practice areas.

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No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential. Other Resources: American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | DC Personal Injury Lawyer | Washington DC Automobile Accident Lawyer | New York Work Injury Attorney | Workers Comp Lawyers Long Island | LA Car Accident Lawyer
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