Workers’ Compensation
Under Florida’s workers compensation laws, injured individuals and their employers’ insurance company must attend mediation prior to going to trial. Mediation is an opportunity for the parties to get together and discuss the case in an informal setting. The purpose is to help expedite settlement so an employee can receive benefits she or he is entitled to and/or resolve disputed benefits without needing the case decided at a trial.
Issues can range from simple items such as an unpaid medical bill to complex issues of long-term medical and work loss benefits. In most instances, insurance carriers come to mediation with the hopes of reaching a settlement of the entire workers’ compensation case.
If you want to schedule a private workers’ compensation mediation, email David at david@stillsonlaw.com (preferred) or call us at 305-798-4111 if you wish to use David as your Mediator. We will then contact you as soon as we are able to confirm your request and set up your mediation. I am looking forward to being your Mediator!
Property Damage Insurance Pre and Post-Suit Disputes
Property damage claims can result from various causes such as hurricanes, floods, tropical storms, fires, pipe breaks, roof damage, etc. Pursuant to 627.70152(4)(b) of the Florida Statutes, appraisal or mediation must be concluded within 90 days after the expiration of the 10 day notice of intent to initiate litigation filed by the insured. If neither of those occur within the time limit, the claimant or claimant’s attorney may immediately file a lawsuit without further notice to the insurer. Thus, it is critical for an insurer to set up mediation as quickly as possible in order to prevent a lawsuit from being filed. Mediation is a meeting between the insured and a representative from the insurance company. The meeting is presided over by a neutral party called a mediator. The mediator is paid by the insurance company but is bound ethically to work for both sides in an effort to get the claim resolved.
On the other hand, binding and non-binding arbitration are proceedings, less formal than a jury trial, where both sides present their evidence to a neutral arbitrator, or an arbitration panel, who then decides the issues at hand in the case. These proceedings can be court-ordered or chosen voluntarily by the parties. Both binding and non-binding arbitration can be the most cost-effective approach to a resolution for both parties versus engaging in court litigation.
If you want to schedule an insurance dispute mediation/arbitration, email David at david@stillsonlaw.com (preferred) or call us at 305-798-4111 if you wish to use David as your Mediator/Arbitrator. We will then contact you as soon as we are able to confirm your request and set up your mediation or arbitration. I am looking forward to being your Mediator/Arbitrator!
Personal Injury/Wrongful Death Litigation
Personal injury/wrongful death litigation can cover a wide variety of incidents which generally result in injury or death due to the negligence of another. Mediation is an alternative dispute method where a neutral third party facilitator assists parties in reaching an agreement. The process allows for self-determination because the parties have control over the final agreement, rather than a resolution imposed by a judge or jury.
On the other hand, binding and non-binding arbitration are proceedings, less formal than a jury trial, where both sides present their evidence to a neutral arbitrator, or an arbitration panel, who then decides the issues at hand in the case. These proceedings can be court-ordered or chosen voluntarily by the parties. Both binding and non-binding arbitration can be the most cost-effective approach to a resolution for both parties versus engaging in court litigation.
There are several types of cases that we can mediate or arbitrate in the personal injury realm which include, but are not limited to, car accidents, truck and big rig accidents, motorcycle accidents, slips and falls, trips and falls, negligent security, cruise ship accidents, boating accidents, medical malpractice, products liability, and general negligence.
If you want to schedule a personal injury litigation mediation or arbitration, email David at david@stillsonlaw.com (preferred) or call us at 305-798-4111 if you wish to use David as your Mediator/Arbitrator. We will then contact you as soon as we are able to confirm your request and set up your mediation or arbitration. I am looking forward to being your Mediator/Arbitrator!
