Accident Involving Negligence Causes a Death – Leads to $10 Million Lawsuit
A 35-year-old married man and father of young children operates his motor vehicle on a New York State roadway. The load on a truck traveling near him shifts, causing a collision. The man is seriously injured, and after a period of time in a hospital succumbs to his injuries.
The widow’s attorney begins an action against the driver, truck owner, and the yard that loaded the truck. She is very angry and emotional but does not want to go through the pain of a trial. The parties agree to select James Morris as mediator because of his legal experience with wrongful death disputes and his personal skills handling emotionally-charged cases.
Key Issue
The claim is for $10 million, based on the young man’s conscious pain and suffering and the loss of his future earnings.
Considerations for the Mediator
- There is no question of liability, only the matter of apportionment.
- Emotions run high on both sides.
- All of the defendants understand that the widow’s emotion, if apparent in a courtroom setting, would impact sympathies and potentially result in an enormous verdict.
Mediation Process
Morris makes time at the outset of the mediation for the widow to express her sorrow and pain over the loss of her husband as partner and father, and time for the defendants to express their sorrow for the accident. Then he initiates discussion about the widow’s economic loss. A “structured settlement agent” who has been asked to attend the mediation introduces the concept of an initial lump sum payment and periodic payments over the lifetime of the widow and children to attempt to compensate for lost support and wages.
Outcome
Within a few hours of starting the mediation session, the parties agree on the size and timing of the initial lump sum payment and subsequent payments.
Several parties note that without the mediation, structuring periodic payments may not have been possible. All parties are satisfied with the settlement agreement.
Published: 3/3/2009