Why mediation is important if your baby has a brain injury. Because mediation can be a topic of mystery for some, the purpose of this Maryland birth injury article is to help you, the reader, understand this process, and why it can be important for you and your baby.
Before I go any further, I want to remind you that this article and supporting video will be general in nature. If you have specific questions about your facts and your mediation, I suggest that you speak with your attorney regarding your case.
MUST ALL BIRTH INJURY AND MEDICAL MALPRACTICE CASES GO TO TRIAL?
Will your birth injury or medical malpractice case go to trial? The answer is that it may, or it may not. During this process a case can settle shortly after filing or all the way up until right before the jury comes back with a verdict.
When dealing with whether to settle a case it is ultimately up to the client as to whether to settle the case or move to trial. Your attorney can help with the pros and the cons of settling or heading to trial, but ultimately you must give your attorney direction one way or another. The best thing that you can do when dealing with this decision is to carefully listen to your attorney and weigh all your options.
WHY MEDIATION IS IMPORTANT IF YOUR BABY HAS A BRAIN INJURY…
When starting out their journey to hold those accountable for their baby’s injury, many parents do not understand why mediation is important if your baby has a brain injury, or any birth injury for that matter. As I mentioned above, not every case will automatically resolve itself through a jury trial. In some cases, a settlement negotiated through a mediation will conclude the case.
During a mediation, it will be the goal of the mediator to help the sides try and resolve the case without the need of trial. The sides may be split up into separate rooms, or they may come together at some point. Regardless of how the sides are positioned, the goal will be to come to a resolution of the case.
One important and attractive feature of mediation is that it allows the parties to place a value on the case. What I mean is that if the case settles through mediation, the value of the case will have been decided solely by the parties involved and not a jury or fact finder. This can be extremely valuable for all the parties involved at times.
At the conclusion of the mediation, if the sides cannot come to an agreement, the case will then move on towards trial. Mediation will not always work, and for cases in which an agreement cannot be reached, both sides will see each other at trial.
LET’S TALK ABOUT YOUR BABY’S BIRTH INJURY…
Hopefully now you can see why mediation is important if your baby has a brain injury. Believe it or not, some families are not even aware that mediation and settlement can be an option in cases like these.
To speak with me further regarding what is happening with your baby I invite you to call me. I can be reached at 301-850-4832. I talk with families regarding birth injuries dealing with the brain, cerebral palsy, and other types of injuries all the time and I would be happy to listen to what happened with you and your baby.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
