Choosing the Right Path: Mediation vs. Litigation for Resolving Whiplash Cases

If you are reading this, chances are you or someone you care about has recently suffered from a whiplash injury. You may feel confused and unsure about how to move forward with your case. We understand that facing the aftermath of a whiplash accident can be overwhelming. At times, it may feel like there are so many options to consider when trying to resolve your case. It’s normal to worry about whether you are making the right choices. Fortunately, you don’t have to navigate this complex process alone. If you’re dealing with a whiplash injury, understanding the difference between mediation and litigation can help you make an informed decision about how to move forward.

In this blog, we will explore two primary paths for resolving whiplash cases: mediation and litigation. Each approach has its unique features, advantages, and challenges. Our goal is to provide you with clarity on both options so you can feel confident in choosing the path that best suits your situation. Remember, whether you pursue mediation or litigation, we are here to support you throughout every step of the process, fighting for the best possible outcome for your case.

What is Mediation?

Mediation is a process where both parties involved in a whiplash case come together with the help of a neutral third party called a mediator. The mediator’s job is to facilitate communication between the parties and help them reach a settlement. This process is usually less formal than litigation and is designed to encourage dialogue rather than creating an adversarial environment. In mediation, both parties discuss their perspectives, negotiate, and work together toward finding a mutually acceptable resolution.

One of the primary benefits of mediation is that it allows both sides to have more control over the outcome of the case. Instead of having a judge or jury decide the result, you can work directly with the other party to come to a resolution that works for everyone. Mediation also tends to be faster than litigation and is generally less expensive. It can offer a more relaxed environment where both parties can discuss their concerns without the stress of a courtroom battle.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

However, mediation doesn’t always result in a settlement. If the parties cannot agree on a resolution, the case may need to move to litigation. Despite this, many individuals find that mediation can provide a sense of closure without the lengthy, costly, and emotionally draining process of going to court.

What is Litigation?

Litigation is the formal process of resolving a whiplash case through the court system. This process involves filing a lawsuit, exchanging information through discovery, attending hearings, and, if necessary, going to trial. During litigation, both parties present their arguments and evidence before a judge and/or jury, who will make a final decision on the case.

Unlike mediation, litigation is often more time-consuming and costly. It involves a lot of paperwork, legal procedures, and potentially multiple court appearances. Additionally, litigation tends to be more adversarial in nature, which can create more tension between the parties involved. While litigation can sometimes result in a higher settlement or verdict, it’s also unpredictable and doesn’t guarantee a favorable outcome.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

One of the advantages of litigation is that it offers a more structured, formal process with legal safeguards. If you are unable to reach a resolution through mediation or settlement negotiations, litigation may be the only path available to achieve justice in your whiplash case. However, it’s important to note that litigation can take months or even years to resolve, depending on the complexity of the case.

When Should You Consider Mediation?

Mediation is often an appealing option for people who want to avoid the stress, costs, and time commitment associated with litigation. It is particularly useful if both parties are open to negotiation and willing to find a compromise. If you feel that a fair settlement can be reached without going to court, mediation could be the right path for your case.

Additionally, mediation can be a great option if the injuries from your whiplash accident are not severe enough to warrant a lengthy legal battle. Mediation offers a way to resolve your case without the pressure of a court trial, and it can help you focus on your recovery rather than the stress of a prolonged legal process.

If you are considering mediation, it’s essential to have an attorney who understands how to effectively negotiate on your behalf. A skilled attorney will help ensure that your interests are protected during the mediation process and work toward securing a favorable settlement.

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When Should You Consider Litigation?

While mediation can be an excellent choice for many cases, it is not always the best option. If you find that the other party is unwilling to offer a fair settlement or if your case involves more complex legal issues, litigation may be the necessary path. Sometimes, a party’s refusal to negotiate or a dispute over fault can make mediation difficult or impossible.

Litigation can also be the right choice if you are seeking a larger settlement or a court ruling in your favor. In some cases, the compensation awarded through litigation may be more significant than what could be achieved through mediation, especially if the other party is not willing to offer a reasonable settlement during negotiations.

However, litigation should be seen as a last resort, as it requires more time, legal resources, and emotional energy. Before pursuing litigation, it’s important to weigh the potential benefits and drawbacks carefully.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

How to Decide Between Mediation and Litigation

Choosing between mediation and litigation depends on several factors, including the severity of your injuries, the willingness of the other party to negotiate, and your long-term goals for resolving the case. If you are unsure which option is best for you, consulting with an attorney can help clarify your choices. A legal professional will assess the details of your case, help you understand the potential outcomes of each option, and guide you in making an informed decision.

It’s important to recognize that mediation and litigation are not mutually exclusive. Many whiplash cases begin with mediation, and if a settlement cannot be reached, they may move into litigation. This flexible approach can give you the opportunity to explore both options and pursue the one that provides the best chance for a successful outcome.

Whether you choose mediation or litigation to resolve your whiplash case, we are here to guide you every step of the way. At our law firm, we understand that facing a whiplash injury can be stressful, and we are committed to helping you navigate the process with confidence. Our team is here to listen, offer support, and provide the legal expertise you need to achieve the best possible result for your case.

If you are ready to explore your options for resolving your whiplash case, don’t hesitate to reach out to us. Our team is ready to provide the compassionate and dedicated legal assistance you deserve. Contact us today to schedule a consultation and take the first step toward resolving your case.

To learn more about this subject click here: Medical Expenses and Beyond: Financial Recovery in Florida Whiplash Cases

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