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

Cons

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.

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