At Crosley Law, we prepare every case as if it’s going to trial. However, we also understand the power of alternative dispute resolution (ADR), methods that help people avoid a trial and resolve their disputes out of court. We have a history of using aggressive legal techniques and excel at ADR methods like mediation.
Keep reading to learn more about mediation and how Crosley Law’s injury lawyers approach ADR, helping our clients get the compensation they deserve.
What Is Mediation?
Mediation is a private process where you sit down with a neutral mediator, who is typically a specially-trained attorney. During mediation, you and your lawyer will present your evidence and arguments, discuss the case with the other party and their legal representatives, and try to reach a settlement agreement.
Compared to a court hearing, mediation is informal, and there will not be a court reporter transcribing your negotiations. Instead, you will have off-the-record discussions about the case and settlement. Some of these negotiations will happen face-to-face with the at-fault party; others will occur while you are in separate rooms. The mediator’s job is to help you find common ground and keep everyone on task and civil. They will not assign fault or force anyone to settle. If the parties cannot reach an agreement, the case will go to trial before a judge and jury.
Crosley Law has extensive experience with mediation and we use our knowledge to our clients’ advantage. Compared to a court trial, the mediation process is typically quicker and less expensive. Mediation also decreases a lot of your pressure and stress and provides everyone with a greater level of control over the proceedings. In many cases, both parties feel equally satisfied with the result of a mediation case.
RELATED VIDEO: Crosley Law Client Story: Zack S.
Crosley Law Used Aggressive Mediation Tactics to Help a Pedestrian Injured by A Delivery Driver
One of our most recent and successful mediation cases helped an autistic man get the compensation he deserved after being hit by a delivery driver. Zack was walking back to his parent’s house from his job at the grocery store when he was hit from behind by a delivery vehicle. Zack suffered a traumatic brain injury, severe leg fracture, and various arm and scalp lacerations. His injuries required several surgeries, a 20-day stay at an inpatient rehabilitation hospital, and months of home health assistance and physical therapy.
Unfortunately, the insurance company argued that the delivery driver wasn’t to blame and tried to point the finger at Zack. In response, Zack and his family turned to Crosley Law for help.
Thorough Research Uncovered Safety Issues and Company Negligence
Crosley Law obtained evidence from the GPS units on all the company’s delivery vehicles and discovered safety violations numbering in the hundreds. Furthermore, we discovered that the company had not been taking any corrective actions to eliminate these ongoing safety problems. Our injury lawyers suspected that this was a situation where the company was putting profits over the safety of their drivers and others.
Tom Crosley traveled across the country to interview witnesses, corporate executives, and the negligent driver. He also worked with crash reconstruction experts, doctors, and other medical professionals to paint an accurate picture of both the crash and Zack’s injuries.
Crosley Understood the Complexities of the Case and Prepared Extensively
To prepare for the mediation settlement conference, Crosley Law hired a trial consultant and jury focus groups and spent days breaking down the case to predict how a jury would react. Tom Crosley distilled the case into two short, neutral presentations that he gave to the focus groups. Simulating a court case, the groups then deliberated and reached a verdict based on the presentation they had received.
The results of the focus group trials helped us evaluate the case to better understand its strengths and weaknesses and gave our lawyers the confidence to hold out for a top value settlement for their client.
Crosley Law Used Its Reputation to Streamline the Mediation Process
The mediation in Zack’s case was complex. The defendant was a national corporation with over 5,000 stores. There were multiple law firms involved and two insurance companies. The corporation had hired a private lawyer, and the insurance company had brought an adjuster lawyer due to the high risk involved in the case.
However, our experience with other high-profile brain injury cases and reputation for aggressive tactics helped simplify the proceeding. “Crosley Law has developed a reputation for being a law firm that insists on full and fair settlement value in each and every case,” said Tom Crosley, “otherwise we are prepared to take the case all the way to trial.”
The Mediation Process Produced a Record-Breaking Settlement
The mediation session was an all-day process, but Crosley Law’s research, preparation, and reputation convinced the company and its insurers of the potential for a very large jury verdict against the defendant should the case go to trial. Their $9,000,000 settlement was the highest mediated settlement in Texas that year.
Their $9,000,000 settlement was the highest mediated settlement in Texas that year.
But our representation didn’t end with the settlement. Because of Zack’s autism, he is dependent upon his parents for daily needs, and we knew that there would come a day when his parents would no longer be around to provide the care and support Zack needed. Our team created a trust for Zack, ensuring that his interests and money would be protected throughout his life and that he would still be eligible for certain government benefits.
“It was very important to me that we not just stop our work after getting a settlement,” says Crosley, “but that we also make sure that this settlement is preserved for this young man for the rest of his life.”
Crosley Law | Advanced Mediation Tactics and Experienced Accident Attorneys
Crosley Law has a strong reputation as a law firm that will fight to get clients the compensation they deserve. If you or a loved one has suffered injuries caused by another’s negligence, contact us today for your free consultation to discuss your case. You can call us at 210-LAW-3000 | 210-529-3000 or complete our online form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
Related ArticlesView All Blog Articles
Delayed Concussion Symptoms and Post-Concussion Syndrome Following a Motor Vehicle Crash: The Lingering ImpactJul 12, 2023
Concussions are among the most frequent injuries brought on by car accidents. Unfortunately, sometimes even “mild” concussions can have disastrous effects. While many people fully recover from their concussion, a significant percentage (roughly 15 to 20 percent) still experience persistent post-concussion symptoms months or even years after the initial head injury. And because concussion symptoms […]
How Much Is My Traumatic Brain Injury Case Worth?May 23, 2023
Few injuries have the ability to profoundly alter the course of someone’s life the way that a traumatic brain injury (TBI) can. Although every TBI is different, common symptoms include sleep disorders, memory loss, inability to concentrate, or even changes in personality. Skills you spent a lifetime acquiring might be gone. Relationships may be altered. […]
How to Deal With a Private Investigator After a Car AccidentApr 21, 2023
After a car wreck, you may feel like your every move is being scrutinized. Unfortunately, it may not be just your imagination. If you notice an unfamiliar car parked in front of your home, school, or workplace; or if you receive a strange friend request on social media, a private investigator might be tracking your […]
What Is the Average Payout for a Rear-End Collision?Mar 13, 2023
You were stopped at a red light, minding your own business. Suddenly, a truck rear-ends you, pushing your car into the middle of an intersection. Now, you’re living with severe back pain and your doctors are suggesting surgery. Your car accident case is worth a lot of money, right? Maybe. The reality is, there’s no […]
I’m Being Blamed for a Car Accident That Wasn’t My Fault—What Should I Do?Feb 22, 2023
“My word against your word” scenarios happen all the time after auto accidents, especially when there are few other witnesses at the scene. Being accused of causing a car crash that wasn’t your fault can make you feel helpless and angry, especially when no one else is around to support your story. Getting blamed for […]
How Long Does a Car Accident Settlement Take in Texas (and When Will I Get My Money)?Feb 02, 2023
Car accident settlements are rarely quick and easy affairs. While some cases might settle in just a few months, 18 months is fairly typical—and others can last even longer. Although the facts of the case (and the obligations of the insurance company) might seem obvious enough to you, the settlement process will take some time—especially […]
What Is the Texas Statute of Limitations for Personal Injury (and When Should I File My Lawsuit)?Feb 01, 2023
One of the first questions many people have an injury is, “How long do I have to make a personal injury claim?” While that’s an extremely important piece of information to know, it can also be misleading—and in some ways, the wrong question to ask. Here’s the short answer: In most cases, you have two […]
What Should You Do After a FedEx Truck Crash in Texas?Dec 09, 2022
With more than 100,000 vehicles, nearly 125,000 drivers, and an annual revenue estimated at around $84 billion, FedEx is easily one of the largest trucking companies in the United States. With numbers like these, it’s no surprise that FedEx freight trucks are involved in injury-causing truck crashes nearly every day on American roads. In fact, […]
Out-of-State Car Accident Jurisdiction: A Visitor’s Guide to Texas Injury LawNov 03, 2022
Texas isn’t just the second most populous state in the U.S. It’s also one of our nation’s biggest destinations for out-of-state travelers. According to Travel Texas, the state hosts more than 70 million visitors per year. While we certainly wish that everyone who visits our state enjoys a stress-free trip, the reality is that more […]
What Happens if You Get in an Accident With a Delivery Truck Driver?Nov 01, 2022
If your neighborhood is anything like ours, chances are you see a steady stream of delivery trucks, vans, and other vehicles pass by your house or apartment on a daily basis. The trend really took off at the start of the COVID-19 pandemic, but it certainly shows no sign of slowing down anytime soon. Nowadays, […]
Do you or a family member
need legal advice?
Crosley Law Firm, PC is a professional corporation of trial lawyers focused on representing individuals and families who have suffered serious personal injuries or wrongful death.