Legal Question in Civil Litigation in New York

Re: Evaluating damages & legal case value prior to mediation

An preliminary theory is one of the first things I do when taking a case, usually in the initial consultation, however a trial theory is usually established at the end of discovery but prior to trial.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Evaluating damages & legal case value prior to mediation

1. It takes about 10 minutes for a normal lawyer to identify a 'theory' of the case. Pulling together the evidence and evaluating a case is a more lengthy process.

2. No normal person would begin the mediation without having a firm framework of damages and amounts of money relevant for both sides.

The 'Mediation Hearing' is the LAST stage of the case and should not begin until all other aspects have been researched and evaluated.

You are welcome to email me with more information of this matter for no fee.

Re: Evaluating damages & legal case value prior to mediation

There is no set time limit, but it certainly should be done. The mediation can actually be an aid to the final evaluation, and nothing requires you to settle your case at the mediation.

Without intimate knowledge of the case, its strengths and weaknesses, the personalities involved and whether they are an issue, what the plaintiff's goals are and what the defendant's legal exposure is, it cannot be done.

I refer both to legal liability and assets to collect from.

Personal injury is very different from contract, but to use an example, in injury cases, it depends on the venue, the severity of the injury, legal liability, amount of insurance

and what similar jury verdicts have been rendered and affirmed on appeal.

Even then you can ask three attorneys and get three different answers.

You can look at the Jury verdict reporter.

Re: Evaluating damages & legal case value prior to mediation

Since your question contains nothing but vague generalities, it is virtually impossible to answer your question. Suffice to say, you should consult with an attorney, in private, to discuss the particular facts of your case.

Daniel Clement