Medical Malpractice:
- Rising Verdict Amounts: There has been a significant increase in large medical malpractice verdicts, with 2023 seeing a record number of awards exceeding $10 million. This trend is partly due to post-COVID backlog, as many cases that were delayed are now reaching trial, often resulting in high compensation awards due to the severity of the cases being presented. Additionally, some states have seen rollbacks of tort reform laws, which has contributed to the increase in large verdicts.
- Mediation’s Role: Mediation is becoming an increasingly preferred method for resolving medical malpractice cases due to its ability to avoid the uncertainties of a jury trial. It allows both plaintiffs and defendants to negotiate settlements that reflect the complexity and risks of their cases. Mediation is particularly beneficial in cases involving multiple defendants, where partial settlements can help plaintiffs secure immediate funds for ongoing medical needs while continuing to pursue claims against other parties.
Personal Injury:
- Spinal Cord and Severe Injury Settlements: In personal injury cases, particularly those involving severe injuries like spinal cord damage, settlements are seeing significant amounts. These settlements often cover extensive medical care, long-term rehabilitation, and compensation for the loss of future earnings. Notable recent settlements have reached into the millions, reflecting the high stakes involved in these cases.
- Strategic Mediation: For personal injury cases, mediation offers a strategic advantage by providing a platform to settle claims without the unpredictability of a jury trial. It also allows for the resolution of discovery disputes or the establishment of high-low agreements, which can protect both parties from extreme outcomes in court.
Overall, mediation remains a crucial tool in managing the complexities and emotional toll of medical malpractice and personal injury lawsuits, offering a pathway to more predictable and controlled outcomes compared to traditional litigation.
Sources:
- Miles Mediation【14†source】【15†source】
- Smith LaCien【13†source】.