Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)
If you are reading this, you likely have been injured as a result of a car accident or slipping or tripping on someone’s premises as a result of negligence. In the pages that follow, I will provide insight as to what you should expect from a lawyer (attorney) fighting on your behalf for personal injuries. This book is intended as a general guide if you are unfortunate to have had this happen to you. It has been with the least amount of “legalese” as possible, so you do not have to be a lawyer to understand it.
If you are reading this, you likely have been injured as a result of a car accident or slipping or tripping on someone’s premises as a result of negligence. In the pages that follow, I will provide insight as to what you should expect from a lawyer (attorney) fighting on your behalf for personal injuries. This book is intended as a general guide if you are unfortunate to have had this happen to you. It has been with the least amount of “legalese” as possible, so you do not have to be a lawyer to understand it.
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Choosing the Right Lawyer is No Accident
MEDIATION
All Florida personal injury claims are required to go to mediation and/or
non-binding arbitration before they are allowed to go to trial. These are
referred to as “Alternative Dispute Resolution” events (ADR). I will
discuss what a mediation is first. This is the best opportunity to settle a
case prior to going to trial. It usually happens after all written discovery
has been done and the depositions of the plaintiff and the defendant have
been taken.
For example, let’s say Tom underwent knee surgery after the accident.
Tom has gone through physical therapy post-surgery, it’s been five
months, and his surgeon, Dr. Petty, says his condition is not going to get
any better, or any worse. Dr. Petty can give an opinion as to what Tom’s
medical care will be in the future.
Tom is then at “maximum medical improvement.” We have a pretty
good idea of what limitations he is going to experience after knee
surgery. Tom’s situation is a solid example of a claim that is ripe for
mediation.
Here’s how it works. The mediator is an attorney, and neutral, meaning
they do not have any stake in the outcome of the case. The mediator
listens to the attorneys for each side give short opening statements,
usually around 10 minutes reach, summarizing their cases. Sometimes
the attorneys will forward confidential summaries to the mediator in
advance.
After both sides present, they are separated into different rooms, for
what’s called “caucusing.” Since 2020, most mediations are done
through Zoom or similar virtual platforms, and caucusing is done by
putting the parties with their attorneys in separate “break out rooms.”
Either way, it gives the parties an opportunity to speak with their
attorneys privately throughout the proceeding. The mediator goes back
and forth between the rooms, delivering demands and offers, back and
Jeff Adelman, B.C.S., Esq. 45