Personal Injury and Torts

An enormous number of cases that are in litigation involve some sort of personal injury or other tort claim. While there may be some that are best served by going all the way through the court system, the vast majority can be better served by mediation or arbitration which are, in comparison to litigation, far less costly in terms of time, stress, and financial resources.

Types of Personal Injury & Torts

While cases involving personal injuries or other claimed harms due to car accidents, slip and falls, or defective products may seem relatively straightforward to the lawyers and insurers involved, they are deeply personal and painful for the parties themselves. 

Skillful and sensitive management by the mediator or arbitrator can be very helpful in helping all involved in such cases find a resolution and move on with their lives.   Disputes stemming from various types of torts include:

Wrongful Death

Wrongful death claims are almost always highly emotional and deeply painful for everyone. The emotions of surviving family members who may be grappling with feelings of confusion, grief, and anger are often exacerbated by their belief that their loved one’s death occurred through another person's negligent or reckless actions.

Those charged with causing or contributing to someone’s death are also likely to be experiencing powerful emotions. There are often profound psychological and financial consequences for everyone connected to wrongful death claims, and lengthy court battles can exacerbate this harm.

Alternatively, mediation can provide a faster, more supportive process to help everyone move forward. The process may include family members, personal representatives of the estate, and other stakeholders who may be able to help forge an acceptable settlement.

In addition to negotiating financial compensation to cover costs associated with the death, such as funeral expenses, medical bills, lost income and benefits, and other related expenses, mediation can also contemplate a range of other options not available to the court. These may include the designation of scholarship funds or other vehicles for honoring the person’s legacy, or the establishment of committees to review and improve the policies or practices which may have been implicated in the person’s death.

If arbitration appears to be the more appropriate process, it can be more efficient and economical than the usually much longer Court proceedings. It can also provide greater privacy and confidentiality for all parties. 

Premises Liability / Slips and Falls

Premises liability claims brought against property owners are excellent candidates for resolution through mediation or arbitration. Parties, their counsel, and insurers can come together to find a fair and reasonable settlement for claims that injuries were sustained due to structural defects, unsafe conditions, and hazardous walkways. It is in everyone’s interest not to let a slip-and-fall or trip-and-fall accident languish in the courts.

Product Liability

Product liability claims may be brought against manufacturers and sellers of consumer goods by either individuals or classes of consumers claiming that they have suffered harm due to defective or dangerous products. In many states a product liability claim is brought as a strict liability tort; in Massachusetts, a product liability claim is most often brought as a breach of warranty. 

Typically, these cases seek compensation for claimed harms already sustained. In addition, there may also be demands for changes to be implemented that will minimize the risk of future damage to others.

Mediation allows parties to come together to craft a resolution that will satisfy both the consumers’ and the manufacturers’ needs; arbitration can be an alternative allowing for expedient resolution of the dispute.

Car Accidents

Whether life-changing and severe or relatively minor, those claiming injuries as a result of car accidents may be entitled to financial compensation for their medical bills, lost wages, pain and suffering, and other damages incurred as a result of the accident. 

Whether or not liability is contested in a motor vehicle accident, or whether it involves an uninsured or underinsured motorist, compared to what may be protracted litigation, mediation and arbitration are often more effective and efficient in resolving conflicts about fair and reasonable compensation for damages sustained.

Toxic Torts

Toxic tort mediation most often involves claims of damages resulting from exposure to lead paint, asbestos, mold, mildew, or other harmful substances. While the number of lead paint exposure cases has diminished in recent years, those that are still brought tend to involve claims of severe damage to both physical health and mental capacity resulting from exposure during early childhood to high levels of lead.

Claims of injury from exposure to other toxic substances can also be highly emotional and contentious. Mediation is often a better process than litigation for taking into account the many complex issues involved in such cases and finding a settlement that is both fair and reasonable. Arbitration can help parties move on from what is likely to be a difficult and stressful situation, rather than having prolonged litigation continue to dominate their lives.

Nursing Home Abuse or Neglect

Learn more about nursing home abuse or neglect on our Malpractice Claim Mediation page.

Whether you are pursuing compensation for a car accident, wrongful death, or another type of personal injury or tort claim, utilizing mediation or arbitration can help you achieve a positive outcome. Contact us to learn more.

Our Experts Specializing in Civil Disputes