Is Mediation the New First-Step in Personal Injury Cases?

A South Carolina man who suffered severe injuries to his left arm in an automobile collision caused by wreckless driving settled the matter for $1.65 million through mediation.  Not only was the claim settled through mediation but a complaint was never filed as the lawyers for the plaintiff agreed to mediate during pre-litigation negotiations.  Although this is currently a novel concept with respect to personal injury claims it seems that engaging in mediation prior to filing suit could result in a win-win situation as both sides avoid time-consuming, contentious litigation.

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