Following a successful mediation, will the defense pay up the same day? To put the question another way, will you get your settlement check the same day of a successful medical malpractice mediation? The reason for this educational video is because it has been my experience that some people have questions surrounding settlement checks and mediation.
For the purposes of this article, and supporting video, remember that the information shared is of a general nature and that the specifics of your case should be answered by your attorney. With that said, this article will go over the basics of mediation and answer the above question regarding will you get your settlement check the same day following a successful medical malpractice mediation?
WHAT IS MEDIATION?
Mediation can be a powerful tool in the Maryland medical malpractice process. One reason is that if both sides can come to an agreement, the worth and value of the case is not determined by outside parties. With that said, if there is no agreement during mediation, then the case can proceed back on its already scheduled trial path.
During mediation, all the parties will be present, along with the mediator. The mediator might start with the parties in separate rooms. Each party might give a quick opening statement to the mediator regarding the facts and issues present in the case (usually beforehand each side has given the mediator a confidential mediation statement…so in some cases, an opening might not be needed).
Throughout the mediation, the mediator will be looking for areas of common ground for the parties and reminding each side of the strength and weaknesses of their case. As mentioned above, if the case cannot be resolved through mediation, then it will proceed back to its docket schedule.
WILL YOU GET YOUR SETTLEMENT CHECK THE SAME DAY?
For the question of will you get your settlement check the same day following a successful mediation, the answer is that in general no you will not. There can be a host of reasons as to why this is the case. For example, a special needs trust may need to be set up. Or, structured settlement might be the in play. In addition, there may be terms of the release that may need to be clarified.
The examples above are just some of the issues which may be present at the completion of the mediation. The final settlement check may not be ready for a couple of weeks, to a couple of months, following the completion of the mediation.
Remember, for the specifics of your case, speak with your counsel further about the issues associated with your case.
DO YOU HAVE QUESTIONS ABOUT YOUR MEDICAL INJURY?
To speak with me further regarding a possible medical malpractice case in Maryland this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP