Substantial personal injury award earned for client injured by a big rig trucking accident; instead of trial, ThePhillyLawyers used mediation to get their client compensated faster.
Cindy and her spouse are long-time volunteers who bring comfort to rescue dogs. They both have a soft spot for energetic dogs who are too often neglected and abandoned. Cindy integrates her love for running with the high-strung dogs to give them exactly what they need—lots of exercise. After years of volunteering, they recently adopt a particularly lovable rescue dog—Pearl.
It’s a cool summer morning. After Cindy safely secures Pearl in her pet carrier in the back of the car, she drives to the vet for a routine checkup. It’s an easy highway drive—a nice 45 m.p.h. cruise. Cindy and Pearl are almost at the vet.
Cindy sees the green light ahead and proceeds at highway speed through the intersection. With no warning, a big rig truck—driven by a professional truck driver—makes an illegal left turn right in front Cindy’s car. The massive truck, weighing more than 26,000 pounds, is suddenly directly in front of Cindy’s car as she’s traveling 45 m.p.h.
The accident impact crushes Cindy’s car as she bounces off the huge truck. Even though she’s wearing her seat belt, the accident wreaks havoc on her body.
After emergency surgery, recovery in the hospital, and then returning home, Cindy contacts ThePhillyLawyers. We investigate the accident. The truck driver initially lies to police about what happened. What becomes clear to us is that the truck driver violated the rules of the road—in a hurry, the truck driver valued profit over safety.
To prove the truck driver was at fault, we locate witnesses and the police crash investigator, his records, and the traffic citations. We hire traffic, engineering, and medical experts. We also make sure Cindy receives the best medical treatment and that all her bills are paid. Cindy and her spouse (as well as Pearl who also was also recovering from major veterinary surgery) wanted the entire ordeal behind them. It was painful to have to relive the trauma.
If we were to seek justice through a standard trial, the court process would have taken longer and been very stressful for Cindy and her family. The truck driver’s lawyers, the defense, agreed to an early-stage mediation.
Mediation is a process used to settle a lawsuit without costly, time-consuming litigation. Jury trials are expensive and they are emotionally draining. In mediation, the two sides agree to a respected lawyer to serve as a mediator. Prior to the mediation, the mediator reviews the submissions from the parties, e.g., mediation packets that outline and present the case as well as treatment records, lost wage records, and expert reports on things like future medical expenses, life-care plans, and lost wages. Then the mediator conducts a streamlined proceeding—like a trial but more streamlined—in which the parties present their cases. The mediator evaluates all of the evidence.
We not only prepared our case as if we were going to a jury trial—sparing no effort or expense—but at mediation, we also presented our case as if we were in front of the jury. Overwhelmed and impressed, the defendants’ lawyer and the mediator understood we were well-prepared and serious about securing justice for Cindy; therefore, we were able to achieve a mediation settlement for a substantial amount—an amount that would normally only be attainable during a jury trial if the defense were losing. The way we practice—as we share through Cindy’s story—is the way to win a large pre-trial settlement, i.e., show your opponent you are prepared for a jury trial.
If you have been severely injured by a careless truck driver, you need a lawyer with experience who will invest the time, energy, and resources necessary to hold the truck driver, and the truck driver’s company, accountable to achieve justice and proper compensation for you.
