Arbitration works in a personal injury lawsuit by having a neutral arbitrator decide the case outside the traditional court system. Some parties use the alternative dispute resolution (ADR) method to settle the matter privately and avoid going to court.
If you want to pursue arbitration, our Lake Charles personal injury lawyer can review the process and your legal rights during a free consultation. We can answer your questions and explain how legal representation from our law firm can help your case.
An Overview of How Arbitration Works in Personal Injury Lawsuits
Arbitration can be a voluntary process if both parties agree to it. However, it can also be mandatory if required by a contract clause or court order. Our personal injury attorneys can help in both scenarios.
Here’s an overview of how arbitration can work in lawsuits involving personal injuries:
Consent to Arbitrate
Parties can agree to arbitration before any dispute arises through a pre-dispute arbitration clause typically included in a contract. Alternatively, parties can decide to arbitrate after a dispute has occurred through a post-dispute agreement.
Selecting an Arbitrator
Parties choose an arbitrator or a panel of arbitrators. This can be done through mutual agreement or by selecting from a list provided by a reputable arbitration organization.
Preliminary Hearing
The arbitrator holds a preliminary hearing to discuss the issues, sets the timetable, and determines the procedures.
Discovery
Similar to a court case, both parties exchange relevant information and documents. However, discovery in arbitration is often more limited and less formal.
Hearing
The arbitration hearing is akin to a trial but more informal. Each party presents its case, including evidence and witness testimony. The rules of evidence at a hearing are generally more relaxed compared to a court trial.
Decision
After the hearing, the arbitrator makes a decision, which is called an award. This decision is typically binding and enforceable in court, meaning it is final, and parties can challenge it only on limited grounds.
Enforcement
If a party fails to comply with the arbitrator’s award, the other party can seek to enforce it through the courts.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientAdvantages and Disadvantages of Arbitration for a Personal Injury Dispute
If you are considering arbitration, you can weigh its advantages and potential disadvantages before you decide how to proceed. Understanding these can help you decide if arbitration is right for your situation.
Advantages
- Speed: Arbitration can be faster than court litigation.
- Cost: It can be less expensive due to the streamlined process.
- Confidentiality: Arbitration proceedings are private, unlike public court cases.
- Flexibility: Parties have more control over the process, such as choosing the arbitrator and setting the rules.
Disadvantages
- Limited appeal rights: An arbitrator’s decision can be appealed on very few grounds.
- Cost: While generally cheaper than litigation, arbitration can still be costly, especially if a professional arbitrator oversees the process.
- Potential bias: There is a perception that arbitrators may favor repeat users of arbitration services, such as large companies.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientTypes of Personal Injury Cases That Arbitration Can Help
Below are common types of personal injury cases where parties may find that arbitration can provide a quicker and more efficient resolution.
- Automobile accidents: Resolving liability and compensation issues quickly (e.g., auto insurance cases going to arbitration).
- Medical malpractice: Addressing claims of medical negligence outside of court.
- Product liability: Handling disputes over injuries caused by defective products.
- Slip and fall accidents: Settling claims related to injuries on another’s property.
- Workplace injuries: Dealing with claims that workers’ compensation does not cover.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientTypes of Damages Parties Can Address in Arbitration
In arbitration, parties can address several types of damages to ensure they can receive fair compensation for their losses. Among them are:
- Medical expenses: Costs of treatment and rehabilitation.
- Lost income: Compensation for income lost due to injury.
- Pain and suffering: Damages for physical and emotional distress.
- Property damage: Compensation for damaged or lost property.
- Punitive damages: In cases of gross negligence or intentional harm.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientHow a Personal Injury Lawyer Can Lead Arbitration for You
Our personal injury lawyer can explain how an arbitration hearing can work in your lawsuit and represent you. They can take care of the following:
- Case preparation: An attorney can collect and organize your evidence and documents to build a strong case.
- Strategic planning: They can develop a comprehensive strategy tailored to your specific situation and objectives.
- Representation: During arbitration hearings, they will advocate for you, presenting evidence and making legal arguments.
- Negotiation: Your lawyer will work to achieve a fair and favorable outcome through negotiation tactics.
- Advising: They will offer legal advice and explain the arbitration process to ensure you understand how arbitration can work in a personal injury lawsuit. They also will explain your rights and options.
What Can You Do if You Don’t Agree With an Arbitrator’s Decision?
If you do not agree with an arbitration decision, your options are typically limited due to the binding nature of arbitration. However, you might be able to do the following:
- Review the arbitration agreement: Check the original arbitration agreement for clauses that may allow for appeal or review.
- File a motion to vacate: In some jurisdictions, parties can file a motion in court to vacate (set aside) the arbitration award. Grounds for vacating an award are usually limited and may include:
- Fraud or corruption by the arbitrator.
- Arbitrator misconduct, such as refusing to hear pertinent evidence.
- Arbitrators exceeding their powers.
- Procedural issues that unfairly affected the outcome.
- Appeal on specific grounds: Some arbitration agreements allow for limited appeals to a secondary arbitrator or panel. Typically, this applies only when errors in the application of the law occur.
- Seek modification or correction: Parties can request the court to modify or correct the award if there was a miscalculation of figures or if the arbitrator made an error in the description of a person, thing, or property.
- Settlement negotiations: Even after an arbitration award, parties may engage in further settlement negotiations to reach a mutually acceptable resolution.
If you disagree with an arbitration decision, we can help you with as you decide how to proceed.
Call to Learn How Arbitration Can Work for Your Personal Injury Case
Although arbitration skips the traditional court process, it can still be stressful and challenging to manage. Our lawyers can tell you more about how arbitration works in a personal injury lawsuit and how we can manage the process for you.
Laborde Earles’ attorneys have the experience to prepare your case and negotiate for you. We will also offer emotional support and protect your interests as we work to resolve your legal matter. Call or contact us online today for a free consultation.
