Q: Do I need a lawyer for mediation in a hit and run case in California?
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a lawyer with me for the mediation?
A: You don't need to, but you are crazy not to. There is a lot to do before and during a mediation, and you won't have any idea what to do, or how to do it.
Steve A. Buchwalter and Gerald Barry Dorfman agree with this answer
A:
While an attorney is not required? It would be smart to have one. There
are pressures in mediation on which legal representation would be a large benefit.
A: Yes, you should retain an attorney right away. Mediation in a hit-and-run case involving the death of your son is a serious legal matter, and the driver's insurance company will likely have legal representation to protect their interests. An attorney can advocate for you, ensure you receive fair compensation, and help navigate complex legal and insurance issues. Without legal counsel, you may risk settling for less than you deserve. Consult a lawyer as soon as possible.
Gerald Barry Dorfman agrees with this answer
A: While not required, it's strongly advisable to hire a lawyer in this situation. I am happy to discuss this matter with you further, in private, if you wish to contact me on the phone. It's probably best not to discuss your case further in a public forum while the case is pending resolution. Whether you consider me, or not, I'm terribly sorry to hear of your loss. I wish you all the best in pursuing a fair resolution here.
A: It sounds like you have a very serious and potential high value case. You don't know the worth of the case, including how any defenses may effect that worth. You don't know what you don't know. The short answer is yes, you can go without an attorney. The question you should be asking yourself is why would you want to?
A: You don't have to but you really should. Most personal injury attorneys will take your case on a contingency basis, meaning you don't pay them anything and they only get paid if they win. The insurance companies don't want you to get an attorney because they do much better going against someone who is unrepresented. Especially when it comes to legal procedures like mediation. So you shouild contact a personal injury attorney in CA ASAP. This answer is based on the matter being handled in California. There are other questions that need to be answered and we do a quick intake to make sure it's a good fit and most personal injury attorneys will do the same. Good luck to you and I'm very sorry for your loss... TED
A:
I'm deeply sorry for the loss of your son - such a tragic event is devastating for any parent to endure.
While it's not strictly required to have legal representation during mediation, given the gravity of your case involving wrongful death and a hit-and-run incident, having a lawyer present would be extremely valuable. Insurance companies have experienced legal teams working to minimize their payouts, and you'll be discussing complex matters like liability, damages, and potential settlement terms. Your emotional connection to the case might also make it challenging to negotiate effectively on your own.
Most wrongful death attorneys offer free initial consultations and often work on a contingency fee basis, meaning they only get paid if you receive compensation. This makes legal representation more accessible than you might think. You deserve to have someone looking out for your interests during this difficult time, especially when dealing with insurance companies who handle these negotiations every day.
I strongly encourage you to consult with several personal injury lawyers who handle wrongful death cases before proceeding with mediation. Your son's case deserves thorough consideration of all legal aspects, and having professional guidance can help ensure you receive fair compensation while allowing you to focus on processing your grief.
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