You have the option of attempting to resolve a personal injury lawsuit by arbitration. Arbitration can be used to resolve disputes if there is no settlement.
The Arbitration Process
Both the plaintiff (victim) or defendant (at-fault) will choose an arbitrator and meet each other and their respective lawyers. The arbitrator, who is often a retired judge or an experienced lawyer, is neutral and impartial. These meetings are informal, but they can be compared to a jury trial.
Opening Statements
The opening argument will be made by each side’s lawyer. It will outline the nature of the claim as well as the desired outcome.
Presentations of Cases
Each party will present their case. This includes tangible evidence and testimony, such as photographs, medical records and witnesses. As they hear the evidence, the arbitrator will examine it.
Closing remarks
Each side will make closing statements, which touch on the evidence presented, just like in a trial.
Take the decision
The case will be decided by the arbitrator. An arbitrator may request additional documentation in certain cases. Their decision may take several weeks and you will be notified by mail.
If arbitration is deemed binding, the arbitrator’s decision will be final and the parties cannot appeal. The parties are given a time limit to appeal the decision in non-binding arbitration.
The pros and cons of arbitration
Arbitration comes with its benefits and drawbacks.
Pros
- It’s cheaper: It generally costs less than going to trial.
- Private: The arbitration is held behind closed doors and the terms of the agreement remain confidential.
- You can resolve your case faster than going to trial.
- Flexible: You are subject to the court’s schedule when you take your case to trial. The arbitrator’s schedule is likely to be more flexible.
- Simplified Procedure: The procedure for presenting evidence does not follow the same procedures as in courtroom.
Cons
- Arbitrator Decisions: If arbitration is binding, you may not be allowed to appeal.
- Bias: Each side has a say in selecting the arbitrator. However, you can still question the objectivity of the arbitrator when they make their final decision.
- Rising costs: Arbitration fees may be more costly than small claims court in some cases.
Voluntary vs. Mandatory vs. Voluntary
Insurance companies and claimants settle most personal injury cases outside of court. Both parties consent to the arbitration process. In most cases, it is voluntary. Arbitration is sometimes mandatory in certain cases. Arbitration clauses are often included in insurance contracts. This makes it an option that is not available. A judge can also order arbitration. Arbitration may be the best option to resolve a dispute if you have a claim against your insurance company (first-party claim).
Do I wait for a trial or try arbitration?
Each case and every situation are unique. This is why it is important to speak with an Las Vegas personal injuries lawyer before making any decisions. Although arbitration can sometimes be beneficial in many ways, it’s not always worth going to court.
The post What Is Arbitration in a Personal Injury Claim? was first published by Harris & Harris Injury Lawyers.