Early Neutral Case Evaluation
Court proceedings may be time consuming and expensive. Mediation and Early Neutral Case Evaluation may provide more efficient and less costly options.
After being injured, many people want to get a fast and fair resolution, but are concerned about pursuing a personal injury case. They may have serious injuries, but they don’t want to engage in a long, complicated court battle. People with full lives are often reluctant to commit to being in a process that may wind up in court for years. However, pursuing a personal injury case does not necessarily mean years of wrangling with lawyers and courts, just to get medical bills paid and a little compensation for pain and suffering. During the last two or three decades, many options have opened up to provide us with good alternatives to court proceedings. Unfortunately, many consumers and many lawyers are not aware that there are ways to resolve personal injury cases faster and fairer than going through negotiations, formal discovery, depositions, a trial, and an appeal. Our office finds that mediation resolves many civil cases, including when clients are injured. We provide legal services for parties who are participating in mediation and also provide mediation services in West Virginia, Virginia, and D.C.
Another process that is available in some areas that provide an excellent option to have a case resolved quickly and fairly is early neutral case evaluation. Early Neutral Case Evaluation has been implemented formally in areas of Virginia such as Fauquier County and Fairfax County. Other counties in both Virginia and West Virginia have lawyers who are trained as both advocates and facilitators to conduct evaluations, even in the absence of formal programs, to make this option available to most consumers.
In Early Neutral Case Evaluation, the parties’ lawyers present their case to a trained neutral, often a retired judge or another lawyer selected by the parties to evaluate the case. The review may occur at any time before the case is filed with the court, but typically occurs just after filing a civil complaint with the court. The presentation is sometimes only in writing, and other times involves a meeting with the neutral evaluator. After reviewing the materials provided and the arguments made by counsel, he or she considers the factual allegations, the legal issues and the damages, the neutral suggests potential outcomes. In some ways, the neutral provides a second opinion as to the value of the case.
Like mediation, Early Neutral Case Evaluation is entirely confidential. After the meeting with the neutral, the parties are free to accept the recommendation, use the recommendation to negotiate further, or proceed to the litigation process. The judge assigned to the case will not be involved in the process in any way.
Also like mediation, Early Neutral Case Evaluation can save both parties significant litigation costs and may provide a fast resolution in any type of civil case, including personal injury. Contact our office if you would like to discuss working with us a neutral evaluator or if you are seeking an advocate to represent you in an Early Neutral Case Evaluation.