Personal Injury/Torts

Working closely with plaintiff, defense and insurance counsel to resolve personal injury disputes has been an integral part of JAMS since our founding in 1979, an expertise that remains as strong today as it did then. With more than three decades of ADR experience, insight and innovation at their disposal, JAMS neutrals and case managers continue to provide unparalleled service, results and value. Please click here for an extensive list of JAMS neutrals who have personal injury experience.

Why JAMS

With their extensive knowledge of the law and the sticking points that can arise in personal injury disputes, JAMS neutrals are able to quickly identify and address key issues. Our neutrals also remain sensitive to the deeply personal issues that can arise from these matters, and are able to understand the needs of all sides on even the most contentious disputes. When the goal of a personal injury case is more about recognition of harm caused than money, our mediators and arbitrators are able to facilitate resolutions that involve acknowledgement of pain and grief.

JAMS offers streamlined and affordable options for cases of every size and complexity, including a program tailored specifically for half-day personal injury mediations.

Our Personal Injury panel includes retired judges and highly skilled former litigators who have gained the trust and respect of both plaintiff and defense bars, as well as insurance counsel. Our mediators are persuasive and persistent, advancing creative settlement solutions and engaging in extensive follow-up if needed. Our arbitrators provide fair and reasoned decisions and carefully manage the process, and neutrals who oversee the distribution of settlement funds have earned the respect of both sides of the bar for their fairness and efficiency.

Proven Subject Matter Expertise

JAMS Personal Injury neutrals have resolved thousands of disputes of all sizes, types and levels of complexity. Representative cases include:

• Complex wrongful death matter involving pedestrian struck by vehicle near school parking lot under construction. Mediation involved facilitating settlement discussions between representatives for school, city, construction company, and multiple insurance carriers.
• Dispute requiring interpretation and application of maritime law and insurance coverage issues arising from injuries allegedly sustained in cruise ship pool
• Allocation of risk between insurers in lead paint exposure case
• Claims for damages for personal injuries sustained in catastrophic collision involving national freight carrier and private passenger car
• Wrongful death claim arising out of construction job site accident, with matter requiring coordination among plaintiff, defense and insurance carrier on several issues, including waiver of workers compensation lien
• Personal injury claims in highly contested elevator accident case
• Case involving alleged physician negligence that resulted in claims of misdiagnosis and failed course of treatment
• Mediated settlement of claims asserted against nursing home chain in connection with care of elderly patients who allegedly developed subsequent health issues
• Mediation of plaintiff student’s sexual molestation claims against teacher, public school and district
• Settled dispute involving motorcyclist rendered paraplegic following collision with cargo truck
• Allocation of settlement fund for multiple claims arising out of off-road vehicle race crash that killed eight spectators and injured dozens of others. Settling defendants included federal government agency and race organizer’s insurance provider.
• Two JAMS neutrals appointed to special master team tasked with assisting in administration and implementation of multi-billion-dollar settlement fund related to product liability claims arising from recalled hip replacements. Team also responsible for mediating disputes that arise in settlement process.