Personal injury suits are one of the most common types of lawsuits in the US as well as internationally. Alternative dispute resolution (ADR) is a great way to address these issues, but each method has its own advantages and disadvantages. Amara Edblad is a personal injury expert who uses her expertise to examine the current state of ADR in her jurisdiction.
Alternative dispute resolution has many benefits for clients. ADR is less stressful and expensive for clients than a trial by jury. ADR gives the client more control than a trial. ADR allows you to convince just one arbitrator, as opposed to six jurors. Arbitrators and mediators are professionals, who can better understand the legal nuances in a case than a jury member.
Hearings in ADR are usually resolved in 2-4 hours as opposed to a jury trial which can take up to 3-5 days. This means that the client has to only miss a few days of work, instead of many. ADR decisions can be more detailed than jury verdicts, so that the client understands the reasons for the arbitrator’s decision. ADR has one major disadvantage: it’s almost always a legally binding decision. There is no appeal right if the outcome is not as the client hoped.
What is the best way to assess a personal injury claim when deciding whether to settle or go to court?
Many factors are considered when deciding whether to recommend a lawsuit or settle the case before litigation. I compare the pre-suit settlement offer with the facts of the case.
I consider the following: total medical costs; length and duration; lost wages; visible injuries such as bruises and abrasions, nature of injuries (were there soft tissues and invisible or broken bone); type of treatment (was it surgery or conservative care); any pre-existing condition; any comparative negligence on the client in causing the accident or contributing to the injury; punitive damages for the other driver’s drunkenness or impairment; any witnesses, the property damage and the goals of the client.
A client’s likely presentation during depositions and arbitrations is another important factor. Are they honest and credible in their approach? Will they give concise, precise answers or will they add additional information without prompting? Settlement is the best option for clients who just want their bills paid. My 11 years of legal experience helps me to make a recommendation to my clients, but it’s always their decision.
Are there specific laws and regulations in Arizona that govern the dispute resolution process for personal injury claims, and how can you navigate them?
In Arizona, every county has its own arbitration limit. In Maricopa County where I practice mainly, any case worth less than $50,000 will be subject to public arbitral. The courts use this ADR system to reduce the number of cases that are brought to trial, and to speed up the resolution. Arbitrators are local attorneys who have at least five-years of experience and are randomly selected by the arbitration division. They will hear the case, decide on the value and settle any disputes.
If the appealing party loses the jury trial there will be financial penalties, such as attorney’s fee payments to the winning party. Before a jury trial can be held, if a case exceeds $50,000, both parties must participate in a mandatory mediation/settlement conference conducted by a judge pro-tempore. The settlement conference/mediation is not binding and the case will go to a jury if it does not settle.
How do you negotiate with insurance companies in order to maximize compensation for your client?
Arizona’s collateral source rule prohibits parties from discussing insurance during litigation. Many jurors are misled into thinking that the plaintiff is suing the defendant for their personal assets, even though they have already received full compensation from the insurance company. Insurance adjusters, however, are the ones that control the purse strings. They are also the ones who hire the defence counsel. Total outstanding medical bills and liens can be used to increase the settlement amount, as insurance companies are aware that these liens will have to be paid as part of the settlement.
How do you effectively manage the expectations of your client and explain to them how dispute resolution can be achieved?
Communication is key to managing expectations and setting realistic goals. I inform clients about the Arizona laws and what’s compensable, as well as the jury instructions and admissible evidence. I also provide social context. A jury in Maricopa County is more conservative, for example. I prefer to have the final numbers when discussing an offer so that the client knows what they will receive and any likely reductions. I always promise less than what the client will receive ‘in pocket’, so that they’re pleasantly surprised when they get their final settlement check.
Are there any recent developments or changes in Arizona’s legal environment that could impact the resolution of personal injury disputes? How do you keep up to date with such changes and developments?
In the past few years, there have been many major changes to the law. The minimum insurance requirements have been raised from $15,000/$30,000/person/per accident to $25,000. It has allowed clients to have more money for their medical bills. Recent changes to lien laws give more power for negotiations with lienholders, including a new law that requires attorneys to request reductions and for providers/lienholders to provide an equitable reduction to clients. I keep up with legal changes by attending CLEs and seminars, being a member of the AZTLA as well as reading the State Bar Magazine monthly.
About Amara Edblad
Amara Edblad is a personal injury lawyer in Arizona who has been practicing exclusively since 2012. She has received numerous awards for her litigation abilities and customer service. Amara’s diverse education gives her an unique perspective when it comes to personal injury cases. She graduated from the University of Southern California as a Renaissance Scholar, with a double-major in History and Film Production. She attended the University of Cambridge, England for a summer program, and then the London School of Economics, where she studied History, Law, and Economics.
About Amara & Associates
Amara & Associates is committed to providing the best possible customer service. Amara Edblad, the founder of Amara & Associates, understands what it’s like to be in constant pain and still have to manage your daily demands. Amara Edblad and her team handle all aspects of personal injury claims, including property damage claims, subrogation, and litigation, to maximise client recovery.
Amara Edblad
Founder
2 N Central Ave STE 1936,
Phoenix, AZ 85004
Tel: +1 623-471-8881
Fax: +1 623-471-8881
www.azinjuryattorney.com