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Mediation vs Trial: Which Is Better for Personal Injury Cases?

2 min read

Mediation vs Trial: Which Is Better for Personal Injury Cases?

Most cases that don't settle informally end at mediation. Trial is rare but sometimes necessary.

Mediation is a structured settlement negotiation with a neutral mediator. About 70% to 80% of cases that reach mediation settle at or shortly after the session.

Trial outcomes are unpredictable. Plaintiff success rates in personal injury trials vary widely by venue and case type — typically 50% to 70% in plaintiff-friendly venues.

Trials produce binary outcomes: full verdict or defense verdict. Mediation produces certainty.

Settlement value at mediation often exceeds the carrier's best pre-mediation offer because the mediator extracts movement from both sides.

Pre-settlement funding can extend across both mediation and trial timelines. Funding helps claimants negotiate from strength at mediation.

Call (800) 297-3834 about funding through mediation or trial.

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