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| Practice Area · 02
Herbert M. Berkowitz mediates Hillsborough County personal injury disputes with a retired judge’s perspective on liability, comparative fault, damages, insurance, and the practical value of a negotiated resolution.
Personal injury mediation gives the parties a confidential forum to evaluate liability, causation, damages, insurance coverage, and litigation risk before a judge or jury decides the case. The process remains voluntary: the mediator does not impose a result, and no party must accept a settlement it considers unfair.
The central question is usually not whether a claim exists, but how a factfinder is likely to evaluate competing accounts of the accident, medical evidence, comparative fault, and damages. Mr. Berkowitz uses his experience as a plaintiff’s trial attorney and former judge to help both sides assess those issues realistically.
Liability, causation, damages, and insurance issues are evaluated together rather than in isolation.
For most negligence claims, §768.81 can reduce recovery by the claimant’s percentage of fault and bar recovery above 50%.
For claims accruing after March 24, 2023, §95.11 generally provides a two-year negligence limitations period.
Initial treatment within 14 days is generally required to preserve PIP benefits under §627.736.
The Process
The process is designed to surface the record, test competing expectations, and preserve the parties’ control over the result.
Accident reports, medical records, demand materials, defense summaries, and other submitted information are reviewed to understand the liability posture and damages claimed.
Where appropriate, the session begins with a focused joint discussion that identifies the central disputes and establishes the purpose of the mediation.
Mr. Berkowitz meets separately with the parties to explore settlement positions, test assumptions, and assess the strengths and vulnerabilities of each side’s case.
An agreement is reduced to writing. If no agreement is reached, the parties remain free to continue litigation, request another mediation, or pursue arbitration where appropriate.
Mediation does not suspend the legal deadlines that shape a personal injury claim. Parties should evaluate the case with those deadlines and standards in view.
| TOPIC | AUTHORITY | PRACTICAL CONSIDERATION |
|---|---|---|
| Modified Comparative Negligence | Fla. Stat. § 768.81 | For most negligence actions, a party’s recovery is reduced by that party’s percentage of fault and may be barred if the party’s fault exceeds 50%. |
| Negligence Limitations Period | Fla. Stat. § 95.11 | For many negligence claims accruing after March 24, 2023, the filing deadline is generally two years from the date of injury. |
| PIP Initial Treatment | Fla. Stat. § 627.736 | Initial medical treatment is generally required within 14 days of a motor vehicle accident to preserve no-fault benefits. |
| Mediation Timing | Fla. Stat. § 95.051 | Scheduling mediation does not, by itself, toll or extend the applicable limitations period. |
Matters Covered
Mr. Berkowitz mediates personal injury disputes in Hillsborough County, helping parties evaluate liability, comparative fault, damages, and insurance issues.
— Herbert M. Berkowitz
Frequently Asked Questions
Mediation is a negotiated process in which the parties control the outcome. A lawsuit ends with a binding decision by a judge or jury if the case does not resolve.
The parties typically consider how a jury may allocate fault. For most negligence claims, §768.81 can reduce or bar recovery based on the claimant’s percentage of fault.
No. Mediation itself has no fixed deadline, but it does not toll the applicable statute of limitations. Parties should confirm filing deadlines with counsel.
The parties may continue litigating, schedule another mediation, or explore arbitration. Mediation does not require either side to accept a settlement.
Important information: This page provides general information about mediation and arbitration in Florida. It is not legal advice, and parties should consult their own counsel regarding deadlines, statutes, and the facts of a particular matter.
To discuss a Hillsborough County personal injury matter, contact Herbert M. Berkowitz directly.
