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Personal Injury Case—Avoid Court Litigation

Another kind of persuasive message one may encounter is litigation over a personal injury. I alluded in another chapter to a personal injury attorney and how he integrates narrative of his own injury in multimodal ways in advertising. I sustained an injury some years ago as a passenger in a vehicle. I will not detail what happened in the accident, but I will explain the pre-trial mediation I experienced and the persuasion associated with avoiding a trial. I am not an attorney; so, I do not know details of the processes they took to prepare for the mediation meeting. I respect their expertise in preparing for it and facilitating mediation.


I sustained multiple injuries as the result of a vehicle accident. The insurance company involved never challenged the fault of the other driver, and my attorney maintained my medical records and treatments from the injuries. At some point after my condition was improving and an economic settlement was being negotiated I was asked to attend a pretrial mediation session.

The session would include my attorneys, an attorney representing the other driver’s insurance carrier, and a mediator who was also a legal professional, having practiced law in a few different positions. Settlement figures would be exchanged and discussed; however, it also represented an opportunity for the attorneys to assess whether it would be worthwhile to pursue a trial if the settlement figures were not satisfactory. I understood that the final decision would be my own, but the mediator and my attorneys would help me with an informed decision. If I wanted to pursue a trial I could and my attorneys would continue to represent me.

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