Since
1977, Jim DeMartini has represented the interests of injured persons. Mr.
DeMartini has tried over twenty-five personal injury jury trials out of the
hundreds of personal injury clients he has represented.
The
vast majority of personal injury cases in which Jim has been involved have been
resolved through an orderly process of negotiation with insurance companies. A
smaller number of cases are resolved through arbitration and, more recently,
through mediation. Alternative Dispute Resolution (ADR) has taken hold in
Sonoma County and is dramatically streamlining the process of personal injury
litigation.
In
arbitration both parties present evidence to an arbitrator who is usually
appointed by the court. The arbitrator makes a decision as though he, or she,
were a judge or jury. The process is relatively informal, yet presents an
opportunity for both sides to set forth the evidence that they think best proves
their case. The resulting decision often permits parties to see weaknesses in
their cases and, in many cases, leads to early settlement of disputed cases.
Mediation
is a distinctly different process. Rather than being called upon to make a
decision in favor of one party or the other, a mediator works with both sides to
try to find some common ground upon which they can agree to resolve their
disputes. The Sonoma County Superior Court has an aggressive early mediation
program that keeps cases that should settle out of the burdensome trial track.
Jim
DeMartini has tried personal injury cases as simple as an automobile rear-end
collision case and as complex as major products liability and wrongful death
cases.
Mr.
DeMartini is always willing to analyze an injury case and give his opinion as to
whether a person should, or should not, pursue a claim.
While
worker's compensation cases are ordinarily referred to highly competent
specialists, Mr. DeMartini is happy to make a preliminary review of the facts of
a case to determine whether an injury should be pursued as a worker's
compensation case.
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