Personal injury claims are more often than not settled outside the courtroom for the simple reasons of cost and time-saving; going all-out and taking a case to court may mean expensive litigation as well as time that may drag on for weeks, months, and in some cases, years. Therefore, the goal is to resolve the claim in an amicable and reasonable manner via mediation and other similar tools. That said, most mediations are usually half-baked, and the two parties sit across from each other exchanging weak legal arguments, twiddling their thumbs and hoping that the other party acquiesces to their requests.

However, a strategically crafted Mediation Memorandum can turn everything into a tool that disarms the defense while at the same time educating the neutral mediator so that our case is presented in such a clear manner as to force the insurance company to do one thing and one thing only – settle. This document is primarily used to demonstrate that the defendant was negligence as seen in the copious amounts of evidence we present, but to also present your very human story of how your injury and the overall incident has led to your immense suffering and physical pain and the loss of joy in your life. Read on to find out the full details of a Mediation Memorandum and how we as a national injury law firm use this to get you the compensation you truly deserve.

Our Attorneys Are Ready to Help with Your Case

Are you looking for the best personal injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of Americans from across the country and different socioeconomic backgrounds receive compensation after getting injured due to the negligence of other individuals or corporations. Over the decades, we’ve recovered over $260 million and counting for our clients, highlighting our excellence and commitment to getting fair compensation for anyone we opt to represent. Our success when it comes to winning claims is rooted in a number of factors such as the fact that we personally handle and process all claims from start to finish and do not shunt the job over to paralegals or legal assistants as is often seen in most law firms, we have innumerable years of experience handling insurance company requests and denials and know all the tricks they may employ to deny a claim.

In addition, we are also not afraid to litigate claims in a court of law should it come to that, as more often than not, taking a well-prepared case to court so a judge and jury can rule on the same can end in a judgment of maximum compensation for the client; however, most law firms simply opt to engage the insurance company in settlement negotiations which often end in a paltry payout due to the skewed balance of power.

In addition to having nationwide reach thanks to our trusted network of attorneys and law firms, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only after we’ve recovered compensation on your behalf. If you slipped and fell as a supermarket or business establishment, got injured at an apartment residence, were in an auto accident that wasn’t your fault and so on, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

The Purpose of a Mediation Memorandum

It can be safely stated that a Mediation Memorandum is the most important document in the pre-litigation settlement phase as it sets the stage for a successful mediation. It does this by educating the neutral mediator as well as persuading the defendant’s insurance company regarding the merits of our claim – the idea is that everyone walks into the mediation room with a clear picture of the facts and why your claim is valid.

At its core, a Mediation Memorandum is like a mini-trial brief as it tells the complete story of the case from the moment of your accident all the way to the present moment.

It performs three vital roles:

1. It educates the mediator who is a neutral third party meant to help with negotiation, regarding the specifics of your case which includes the facts, the law, and our arguments so they can find a resolution in an effective manner.
2. It disarms the defense by anticipating their arguments and offering a preemptive rebuttal. This is meant to show the insurance company that we not only know our stuff, but can counter their every move.
3. It also sets a tone of strength and shows that we’re not looking to have the claim informally settled for a small settlement, but that we’re willing to take the case to trial if our demands aren’t met, thereby shifting the power dynamic in our favor.

Let’s take a look at a winning memorandum:

1. For starters, an effective memorandum lays out the facts of the case, the liability of the defendant and the impact of the injury on our client.
2. We then provide a chronological account of the accident in order to create a vivid metal image of what transpired, interspersed with objective evidence such as police reports, witness statements and any photographic or video evidence
3. Our legal arguments proving the defendant’s negligence, citing relevant case law and statutes, demonstrating a breach of duty of care by the defendant towards our client
4. A medical narrative which highlights diagnosis and treatment, physician statements, and the emotional toll faced by our client due to the injury such as loss of enjoyment of life, emotional distress and so on.
5. We also meticulously list all our client’s economic damages such as lost wages, medical expenses, cost of home modifications, transportation for medical appointments and so much more.
6. At the end, we add a conclusion and settlement demand highlighting the reasonable nature of our demand given the facts presented. We also add a subtle message that we are prepared to go to trial on your behalf if this demand is not met and that this may very well be the insurance company’s last chance to settle case before risking a full blown-out court battle.

Nationwide Injury Lawyers – Call Us Today!

If you were injured and are worried that you may not receive a fair settlement offer by the insurance company or the other team’s defense counsel, please call us FIRST at (314) 481-63338 to learn more about how we can protect both your rights and compensation. We take on cases countrywide, and there is no legal obligation, plus your first consultation is 100% FREE. Thanks for choosing McCready Law, and we look forward to helping you.