Should Your Personal Injury Case Settle At Mediation?

Answering a difficult question that is very fact specific

Personal injury cases end one of three ways: You settle, you win with a jury, you lose with a jury. These are the only options you have at your disposal. At some point in every case the plaintiff has to ask the question, should I mediate and, then, should I settle at mediation?

settle at mediation

These are hard questions to answer because every case rises and falls on its on merits and every case is different. However, there are some things that you should consider before, during, and after mediation to make sure that you are making a wise decision when it comes to resolving your case.

Wrongful death caused by icy conditions and poor driving in Amherst

The icy conditions in Lynchburg on Saturday lead to numerous collisions and crashes. Some were minor with no injuries and others were fatal.

In Amherst, Virginia, Virginia State Police are investigating a fatal three-vehicle crash where Larry S. McCauley, 71, of Madison Heights, has been identified as the victim. Police say the crash happened at 9:49 a.m. on South Five Forks Road at Daffodil Lane.

A 17-year-old from Monroe was driving a Ford pickup truck traveling south on South Five Forks Road and McCauley was driving an SUV in the opposite direction. The 17-year-old crossed the centerline and hit McCauley’s SUV head-on.

The SUV to hit the guardrail then the Ford pickup went back into the southbound lane where it collided with another vehicle.

McCauley was transported from the scene by ambulance and pronounced dead upon arrival at the hospital.

The conditions were hazardous Saturday morning and it was raining at the time of the crash.

The 17-year-old was charged with driver too fast for the conditions and his traffic case will be heard in Amherst Juvenile and Domestic Relations District Court.

4 car crash on I-81 this weekend; multiple injuries, one fatality

What are the legal issues?

Virginia State Police are investigating a crash involving four vehicles and one fatality on Saturday morning

According to WSET, “the crash was on Interstate 81 at the 128.1-mile marker, just north of Route 603 in Montgomery County.”

There were four vehicles involved: a Jeep SUV, a Toyota Scion, a Toyota Avalon, and a Toyota pick-up truck.

According to the Virginia State Police, all of the vehicles were driving north on Interstate 81 when the Jeep came to a stop in the left hand lane on the highway. The drivers of the Toyota Scion and the Toyota Avalon were able to come to a complete stop behind the Jeep but the Toyota Pickup truck did not. The driver of the Toyota pick-up truck struck the Avalon causing it to strike the cars in front of it.

 

Jeep was driven by Lois M. Williams-Brown, 69, of Ocala, FL. There is no indication at this point why she came to a complete stop on I-81.

Danny W. Todd, 20, of Laurel Springs, N.C. was driving the Scion, according to Virginia State Police. Mr. Todd escaped this wreck with no injuries according to the VSP.

Megan Sheesley, 18, of Amissville, Virginia was driving the Avalon. Dianna Sheesley, 55, and Milton Sheesley, 22, of Amissville, Va. were riding in the Avalon with Megan Sheesley. Both Megan and Dianna were injured and transported to the hospital for treatment.

Police say Milton Sheesley was wearing his seatbelt and died at the scene.

The Toyota pick-up truck was driven by Andrew W. Velo, 48, of Galena, IL. Velo was wearing his seatbelt and was not injured.

The driver of the Jeep, Williams-Brown was charged with Reckless Driving for stopping in the roadway.

The crash remains under investigation.

Several vehicles involved in wreck that closes lanes on I-81 South in Wythe County

Yesterday, a multi-car accident on I-81 in Wythe County closed the right hand lanes for about an hour or a little more. Traffic was backed up for about 2 miles. No indication from the Department of Transportation as to whether anyone was injured or treated on scene. Traffic was cleared about an hour after the multi-car accident.

Replacing Your Personal Injury Lawyer? What, How, Why?

A few thoughts on the attorney/client relationship

Everybody has different personalities. And sometimes, that will dictate how a personal injury lawyer/client engage and “get along” so to speak. As we all know, some people are like oil and water, they just don’t mix. So what do you do if you get into a situation with your lawyer who you can’t seem to get along with?

personal injury lawyer

Sometimes, as a lawyer, I don’t recognize in the beginning of the representation that I am not going to have a good relationship with this client. Perhaps I am naive or perhaps I just like to look for the good in people. Either way, I’ve had a couple of situations where the client and I do not get along. I’d suggest the following to both lawyers and clients for what to do in that scenario.

Call your lawyer

Call you lawyer today and give him or her an update on your physical condition. Ask if there is anything else needed from you at this point.

How does your social media activity affect your personal injury case?

Social media is a necessary discussion between lawyer/client at the beginning of every personal injury case. There are 1.59 billion mobile active users on Facebook, 400 million on Instagram, 320 million on Twitter, 300 million on Google+, 100 million on LinkedIn, and 100 million on Pinterest. For some, these social media outposts are more important than family or friends. You can see this play out at restaurants where spouses would rather look at their phones than talk to each other.

personal injury case

It is an epidemic in our culture today that is creating problems in marriages and other relationships as a result of people posting and connecting with past flames. But what about your personal injury case? Will your social media usage affect your personal injury case?

9 Steps To Taking Your Soft Tissue Injury Case To the Next Level

The things insurance companies don't want you to know

There are several types of personal injury cases. Some victims have amputated limbs, broken bones, bulging disks, pinched nerves, and, then, many have soft tissue injuries. What is a soft tissue injury case? Well, according to the American Academy of Orthopaedic Surgeons, a soft tissue injury is an injury to muscles, ligaments and tendons.

soft tissue injury case

Most commonly after car wrecks, personal injury victims complain of pain in their neck or back. These symptoms are typically soft tissue injuries that are caused by a strain or a sprain of a muscle, ligament, or tendon in your neck or back that is commonly called whiplash.

How To Figure Out What Your Personal Injury Case Worth

There is a formula for valuing your case

I am asked repeatedly, “Brandon, what is my personal injury case worth?” This is a seemingly innocent question that is impossible to answer until your case is ripe. What do I mean by that? Several things have to happen before your lawyer can value your case. For example, you have to finish treatment, your lawyer has to gather all of your medical records, and your lawyer has to sort, organize and review those records. Then your case is ripe.

personal injury case worth

At that point, your lawyer can attempt to value your case. There are several parts of your case that are easy to value and then there are other noneconomic damages that are very difficult to value.

23 Things Your Personal Injury Lawyer Should Be Doing For You

A list of high level tasks that you will see from your lawyer

I’ve often been asked, what can a personal injury lawyer do for me, or when should I hire a personal injury lawyer. Well, I’ve attempted before to answer some of those questions. The truth is there are hundreds of minor tasks that your personal injury lawyer should be doing for you in the background that you may never see. It is your lawyers job to know what minor tasks need to be done to put you in a good position later.

Realistically, if you’ve made a good decision hiring your lawyer, you will never know if these are done. However, if you chose poorly and hired a lawyer who perhaps doesn’t do but a few small personal injury cases a year, then you might find out if one of those minor tasks was never done and it might affect the outcome of your case.