After you file an accident claim after being injured in a car accident, you may be scheduled to attend mediation before you go to an actual hearing. The purpose of this mediation is to hopefully find a middle ground of agreement before taking the next step in the legal process and going before a judge. A good portion of claims with car accident attorneys are settled out of court. To ensure you get the most out of mediation, you must make sure you understand what is being said. Here are a few key terms you should know before your scheduled car accident mediation.
Totality of Loss - This is a phrase that is often used to describe the total amount that you have lost. This can include the damages to your vehicle, lost time from work, and payments you have made for medical services. During mediation, your lawyer will bring up totality of loss to show how much you deserve for your accident and injuries.
Negligence Per Se - Unlike what you likely know as negligence, which is blatant disregard, negligence per se is a different type of term. This will be used to refer to a definitive negligent act that stands alone as the cause of an accident. Usually if negligence per se is brought up during mediation, your attorney will be pointing out a specified act that caused the occurrence.
Comparative Negligence - Comparative negligence occurs when there is more than one party at fault for the accident. For example, if you were hit by another driver because they were following too close, but the other car was rear-ended, this could be comparative negligence. This is also sometimes known as contributory negligence.
Settlement Release - In the event you are offered a settlement during mediation and you accept, you will be asked to sign off on a settlement release. By signing this document, you are acknowledging the acceptance of the agreed amount of money. You will not be allowed to further pursue the case, nor will you be able to file a new claim in the future regarding the same accident.
When you know you have an upcoming mediation with your car accident lawyer and the insurance company or responsible party, it is best to arm yourself with facts and knowledge. Be sure to talk to your attorney about any questions you have and any terms you should know the meaning of for the meeting. If you're still looking for a reliable attorney to handle your case, don't hesitate to contact the Law Office Of Tammy Strohl PA.