Accident Mediation Process

A formal meeting where both sides get together in an attempt to settle a case without having to resort to a trial by jury.

While it is often preferable to settle a truck accident case by simply filing a claim and receiving a settlement, it is not always that simple.

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If an agreeable settlement cannot be reached by written or telephone correspondence, the plaintiff's attorneys must explore other options. While this can mean going to trial, this is not necessarily the best course of action and there may be other, less stressful options.

Typically this means mediation. This is essentially a time for attorneys from both the plaintiff and the defendant to meet and discuss the evidence at hand to get a feel for how the trial might go if the case comes to that. If a resolution can be made here, the case might not go to trial at all.

Mediation typically occurs after both sides have had time to gather evidence and prepare a case but before that case goes to trial. Both sides generally would like to avoid going to trial, not only because taking a case to trial is very stressful for everyone involved, but also because trial is unpredictable. Both sides are trying to win the verdict of a jury. But every jury is different and it is impossible to predict with any certainty how a trial case will go.

The mediator in these meetings is typically a retired judge or attorney who can provide an experienced but impartial viewpoint. The mediator listens to the opening statements of each party and then separates them. The mediator then discusses the plaintiff's case with the defense counsel and listens to the defense's counter arguments. The mediator then discusses the case further with the plaintiff's attorneys. Going back and forth in this manner, the mediator tries to guide both parties to a settlement that is agreeable to everyone.

Our Houston attorneys always prefer to settle cases in this way, primarily because it saves our clients a lot of stress. But more importantly, we want to secure for our clients the best settlement possible and this sometimes means going to trial. Luckily, our attorneys have a twenty year track record of winning trial cases and so the defense counsel is often inclined to avoid going to court against us. This all works in your favor. If you are trying to settle a truck accident claim, let the experienced truck accident lawyers at Grossman Law Offices make sure your injuries are completely compensated.


Some of Our Most Recent Successful Cases
$145,000.00 Recovery - Commercial Vehicle Accident (Back and Neck Injury)
Recovery for driver struck from behind by 18-wheeler: Driver sustained back and neck injury.
Total Recovery:
$145,000.00
Attorney Fees:
$48,333.00
Litigation Expenses:
$2,696.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
$200,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Recovery for motorcyclist who suffered a back injury in an 18-wheeler accident.
Total Recovery:
$200,000.00
Attorney Fees:
$80,000.00
Litigation Expenses:
$5,709.00
$1,450,000.00 Recovery - Commercial Vehicle Accident (Brain Injury)
Our firm was hired by a delivery driver who suffered a closed head injury resulting in the permanent loss of smell in a head-on accident. The incident occurred as the driver of an 18-wheeler lost control of his vehicle and veered into oncoming traffic. Our client's delivery vehicle was struck head-on, causing massive damage to both vehicles.

Our client was taken to an area hospital where he was treated for minor bodily injuries and a closed head injury which originally manifested itself as a concussion and temporary memory loss.

Suit was filed against the defendants following their failure to respond to our correspondence in a timely manner and litigation began. Included in the suit were both the defendant truck driver and his employer. The results of our investigation and the physical evidence from the accident scene made it apparent that the defendants had indeed caused the accident. Defense counsel soon conceded liability
Total Recovery:
$1,450,000.00
Attorney Fees:
$560,000.00
Litigation Expenses:
$31,410.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a automobile accident.
Total Recovery:
$25,000.00
Attorney Fees:
$8,250.00
Litigation Expenses:
$100.00
$1,000,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man's vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.

Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.

Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.

Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant's insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant's insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.

Additionally, our attorneys submitted a Stowers' Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier's exposure under the Stowers' Demand should the carrier not offer policy limits.

The defendant's attorney adamantly persuaded the carrier to litigate, however, our attorney's threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney's advice and to settle the case, lest they face our attorneys in court.

Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client's would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.
Total Recovery:
$1,000,000.00
Attorney Fees:
$333,333.00
Litigation Expenses:
$0.00
$100,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for client injured in a car accident in Dallas.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$100.00
$80,000.00 Recovery - Automobile Accident (Closed-Head Injury)
Recovered for client who suffered a closed-head injury in a car accident.
Total Recovery:
$80,000.00
Attorney Fees:
$26,666.00
Litigation Expenses:
$200.00
$70,000.00 Recovery - Automobile Accident (Soft-Tissue Neck & Back Injury)
(policy limits) Recovered for client who suffered soft-tissue back and neck injuries in a motor-vehicle accident.
Total Recovery:
$70,000.00
Attorney Fees:
$23,333.00
Litigation Expenses:
$656.00
$100,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for client injured in an automobile accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$500.00

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