Most people are surprised to learn that the majority of personal injury cases never go to trial. The courts are backed up. Trials are risky and expensive. In fact, 90% of injury cases in Ontario settle before they go to trial; only about 2% of civil suits are tried in court.
The alternatives to a trial include settlement discussions and meetings, or mediation.
Settlement discussions usually involve a lot of negotiation. Your lawyer could set up a settlement discussion with the insurance company. After a discussion with you, your lawyer will try to reach a mutually agreeable settlement of your claim for damages and compensation. Settlement discussions are often over the phone or through written correspondence.
If negotiation fails, you might need mediation. Sometimes mediation is mandatory. A mediation is a settlement meeting with the assistance of a mediator, who encourages both sides to settle by highlighting strengths and weaknesses in your case. The mediator is a neutral third party, usually a former lawyer or Judge. If the mediation is successful, the case is settled and the injured person receives a cash settlement for their loss.
Your lawyer prepares a mediation brief that explains your injuries and your entitlement to specific benefits, and sends this brief to the insurance company. Mediation is most often conducted over a three-way telephone conference call between your lawyer, the insurance company adjuster, and the mediator. Your lawyer will ask you to be available during the mediation, so you can be consulted. You do not have to attend your lawyer’s office, but be available over the phone. This is your chance to discuss all the important issues and see if the claim can be resolved.
At the end of the mediation, you might reach a settlement. If a settlement is reached, the insurance company sends a document requiring you to agree that you have no further claims against them after they pay you. After you sign this document it is forwarded to the insurance company, then a cheque is sent to your lawyer, who will contact you to pick it up.
If a settlement is not reached after mediation, the mediator will produce a report stating that the mediation was conducted and no resolution was reached. The case can go to court only with this report.
The mediation might resolve only some of the issues, but not all. This results in a partial settlement, in which case the mediator’s report will reflect that, and a cheque for the amount of the partial settlement will be issued.
About Nudorra Capital:
Nudorra Capital is a litigation and pre-settlement loan company. During litigation, clients may find themselves facing financial difficulties. At Nudorra Capital, we recognize the sensitivity of the situation and provide loans professionally, timely (usually within a 24 to 48 hour period) and at the most competitive rates in the industry.
Our simple application process, detailed loan management service and low interest rates, mean less work for you and your staff and a greater appreciation by your client, of the settlement you secure.
Our loan’s do not require interim payments and are only paid back when the case is settled.
We believe as a company, that your client’s priorities should go towards healing themselves first, not worrying about whom to pay. To find out more about how we can help, please call us at (416) 342-9590 or email our President Jeffrey Gottheil at jgottheil@nudorra.com
