During the mediation of legal cases, is there an average...?

Question

...settlement amount to expect / ask for as the victim / claimant, depending on the type of legal issue?

For example, what are any of these situations worth on average:

Car accident injury when the other driver is at fault

Medical malpractice

A Lawyer mishandling a case

Workplace discrimination

Wrongful discharge from a job based
on some form of discrimination

And do all of these go through a mediation process before going to court?

This is just hypothetical. I just always hear about people winning either not enough or some amount that seems outrageously high for things much less serious than these.

Answer 1

Check stats on litigation.

Answer 2

In each case you have stated a cause of action but left out the amount of damages resulting. The amount of the damages to the injured party are the single most important element of any claim. For example: a car accident where your injuries consist of a broken leg, $3,000.00 in medical bills & two weeks off of work from $400.00 a week salary vs one where you are left a quadriplegic, spending 3 months in the hospital, & 6 months in a rehab center; with medical bills of a million dollars and requiring lifetime care for an estimated 40 years.
You also failed to state an assumption as to the financial ability of the other driver. Suppose the other driver was a single mother sales clerk with little savings and a minimal insurance policy of $10,000.00 max liability coverage driving her 10 year old Saturn vs a case where the other vehicle was a petroleum delivery truck owned by Exxon Oil Co.

So you see, your question is like asking "How long can I expect a piece of string to be?"

Answer 3

Mediation is a collaborative process, where the parties work togethe to reach a mutually acceptable settlement. There is no calculable average, because each situation is unique.

The mediator does not make any decisions, or determine any amounts. The meditor just helps the parties work together to resolve the dispute and reach an agreement on their own terms.

Many courts have optional or mandatory mediation programs for many types of civil disputes, but the rules vary by state.

Answer 4

A lawyer can look at the precedent that was previously set in other cases and base their settlement offer on that. The trick is to find a case that matches closely to the current situation. Then find out what that case was settled, or ruled for.