Preparing for Mediation Day
If your family has filed an HIE birth injury claim and mediation is approaching, feeling anxious is normal. You may not know what to expect, and that uncertainty can be unsettling. The good news is your lawyers will be there with you the entire time. Part of their job is preparing you beforehand, so you understand the process and are not left to face difficult conversations alone. This applies to mediations where both sides are genuinely working toward resolution, meaning the people with authority to settle are present or available to approve an agreement. Two of the hardest conversations families face during their baby’s HIE mediation often catch parents off guard, which is why preparation matters so much.
Two of the Hardest Conversations Families Face During Their Baby’s HIE Mediation
One of the hardest topics is your child’s life expectancy. As one parent once said, even with every challenge, their child is loved and has a will to live. This subject comes up because a settlement must account for how long care will be needed. Plaintiff’s experts typically prepare a life care plan estimating the therapies, equipment, medical care, home modifications, and other services your child may need over a lifetime. Those estimates rely partly on a projected life expectancy, and the defense often brings its own experts who disagree with the plan and that projection. These differences can significantly affect how each side values the case.
When the First Offer Feels Impossible
The second difficult moment usually arrives when the mediator returns with the defense’s opening settlement offer. After years of litigation, hearing that number can feel frustrating, especially when it seems far from what your child needs. You live this reality every day. You know what therapies, equipment, and home care actually cost, so an opening offer disconnected from reality can be painful to hear. This is why experienced birth injury lawyers spend time preparing families beforehand. We explain the first offer usually marks the start of a negotiation, not its conclusion, and we walk through the issues likely to arise, including life expectancy, life care plans, and expert opinions. Two of the hardest conversations families face during their baby’s HIE mediation deserve honest preparation, not surprises, so families can make thoughtful decisions on the most important day of the case.
If you have more questions regarding your baby’s HIE brain injury at birth or cerebral palsy diagnosis you can reach me at my contact information below. Please remember that it does not cost you any money initially to speak with me about your baby’s story.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
