Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

Mediation in personal injury cases typically occurs after a lawsuit is filed, but before a trial before a jury or judge takes place.  Once an injury suit is filed, mediation is usually your last chance to resolve your case, absent a full-blown trial, and , many cases in fact settle at mediation.  During mediation, the mediator is a neutral arbiter between the parties and their goal is to try and resolve the injury claim in a manner that all parties can live with.  Your lawyer should explain to you how mediation works well in advance.  Typically, mediation lasts a half day or a full day, depending on the complexity of the case.  At the beginning of mediation, parties meet in one conference room where your lawyer makes a short presentation to the mediator and the party being sued concerning the facts of your injury case.  Sometimes, the attorney for the party being sued responds with a brief statement and the parties then break into separate rooms.  The mediator typically goes back and forth into separate conference rooms with monetary offers.  If the parties to the injury suit can come together on a settlement, the mediator drafts a short settlement agreement and the injury claim is finalized usually within 30 days following mediation.  If however, the parties are unable to come together on a fair settlement, the case will go to trial.  It is important to ensure your lawyer is willing to go the distance and take your case to trial if necessary.  Lawyers at my firm, Fears | Nachawati, attend mediation frequently, and more importantly, will absolutely take a case to trial if the negligent party (at fault party) is unwilling to pay a fair and reasonable settlement amount. If you have an injury claim and need legal help or advice, contact me at mn@fnlawfirm.com or by phone - 1.866.705.7584.

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Today, the Houston Chronicle reported that a pregnant woman and her child were involved in a car accident with the Constable.                                          

A pregnant woman and a young child were taken to the hospital by Life Flight helicopter after a Harris County deputy constable patrol car struck their vehicle on the Sam Houston Tollway, authorities said. The accident happened about 11 a.m. at the North Loop 's westbound tollway plaza near Antoine, officials said.

A Precinct 4 deputy constable was was in the EZ tag lane when his cruiser struck the rear of a sedan carrying at least five people, officials said.

One of the passengers, a pregnant mother, and a child, believed to be 2-to-4 years old, were flown to Memorial Hermann Hospital in unknown condition, officials said.

A woman in the sedan was taken to the hospital by ambulance, officials said.

The deputy constable, who has not been identified, suffered cuts and bruises in the wreck and was taken to Houston Northwest Medical Center , officials said.

"He's going through some x-rays and CAT scans," said Harris County Precinct 4 Capt. Mark Herman.

Officials said two other people in the car weren't injured. Patrol deputies drove them to Memorial Hermann Hospital where the pregnant woman and the toddler were taken.

The accident remains under investigation. Officials said it wasn't yet known if the car suddenly stopped on the toll road just before it was struck by the patrol car.

"We're still looking into it. It's going to take us awhile," Herman said. "Our main concern right now is getting the injured some help and then getting the accident properly investigated."

The accident will be reviewed by the Harris County District Attorney's Office, Herman said.

This is another incident where legal issues may be involved. Lives may be at stake for reasons that may or may not be clear. By filing a personal injury lawsuit, the injured party can be compensated for the pain that never should have ocurred in the first place.

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