Recently through mediation we were able to obtain for a client a $100,000 case settlement. Our client slipped and fell in the parking lot due to a pothole. She sustained shoulder and knee injuries. The insurance company tried to argue that some of our client’s injuries were preexisting. They also argued our client was not being careful enough while walking in the parking lot which led to the fall. The fall was witnessed and the police would arrive after and made a report.
The case went to mediation and failed to settle. Following a pre-trial conference the parties continued negotiations and were able to settle the case for $100,000.
This case shows that not every claim settles at mediation. However, following a failed mediation, the parties may still. continue settlement discussions which can result in eventual resolution.