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Arbitration in Personal Injury Cases
Arbitration is a dispute resolution method that uses a neutral third party to give personal injury lawyers and their clients a faster, cheaper, confidential alternative to the traditional court system for personal injury claims. In this alternative dispute resolution process, a neutral arbitrator reviews evidence, hears testimony, and issues a decision on the case within weeks, often protecting parties' privacy.
As your personal injury lawyer, I help you select an impartial arbitrator, negotiate fee splits, and prepare compelling arguments, ensuring your rights are upheld throughout the arbitration hearing and your personal injury case is presented efficiently.
When Personal Injury Disputes Turn to Arbitration
When settlement negotiations stall in personal injury cases, parties often turn to arbitration, an alternative dispute resolution process that offers a cheaper and faster resolution than going to court.
As a personal injury lawyer in Las Vegas, I help clients agree to voluntary arbitration and guide them through arbitration proceedings, selecting a fair arbitrator, and providing a cheaper, quicker alternative to a personal injury trial.
Common Causes for Choosing Arbitration
In a personal injury case, arbitration is often entered under one of the following circumstances:
- When a plaintiff and an insurance company can't agree on a settlement.
- A contract forces the plaintiff to resolve any legal cases through mandatory arbitration.
- The plaintiff or defendant both seek privacy and a faster, cheaper outcome.
Contractual Clauses That Mandate Arbitration
When a contract contains an arbitration clause, you agree that any legal dispute, even a personal injury claim, will be resolved through binding arbitration rather than through a court trial.
This idea of forced arbitration through an arbitration clause is seen as somewhat controversial, as it often allows major companies to exert greater control over the case while avoiding a jury trial that could result in a large monetary award to the plaintiff.
Essential Elements of an Arbitration Agreement
For arbitration to begin between two parties, these core components must be met:
- Both parties agree to an arbitration
- A neutral third-party arbitrator is chosen
- Confidence is agreed on
- Fee allocation is stated beforehand
The agreement must clearly state each element to ensure enforceability and protect client interests.
Parties' Consent and Scope
First, both parties must agree to arbitrate, and they must decide who the neutral arbitrator will be. They also determine who pays fees and whether the decision is binding. Next, they set the scope, choosing which issues, liability, damages, or all, will be resolved. Finally, they agree on evidence rules, timing, and any special conditions.
Role and Responsibilities of the Arbitrator
Being a personal injury attorney for over 20 years, I have learned that an arbitrator basically serves as an impartial judge by reviewing evidence, asking questions, and determining liability and damages. Their responsibility includes maintaining fairness, adhering to agreed-upon rules, and delivering a written award that honors the parties' limits.
Decision-Making Authority
In arbitration, the arbitrator assumes the role of judge, reviewing evidence and determining liability and damages. Under binding arbitration, the arbitrator's decision is final, enforceable, and not subject to appeal, which is one of the potential drawbacks.
In non-binding arbitration, the arbitrator issues recommendations, and parties may still pursue a court case if the matter remains unresolved.
Neutrality and Impartiality Standards
The arbitrator's role centers on neutrality and impartiality. To ensure this, both sides agree on an experienced, conflict-free person, ensuring they have no financial or personal ties to either party.
This helps keep decisions unbiased and allows for a fair outcome.
Legal Representation and Strategy During Arbitration
As a personal injury attorney in Nevada, I have guided countless clients through arbitrations and have built a process in which I focus on building a strong evidentiary foundation while anticipating the arbitrator's preferences. I also interview witnesses, craft concise opening and closing arguments, and negotiate procedural terms in my client's best interests.
All of this allows my client to avoid a lengthy and expensive bench trial while still securing the compensation they're entitled to.
How an Injury Attorney Advocates for a Client in Arbitration
When a personal injury case goes to arbitration, an experienced attorney can help their client agree on the rules, fee split, and whether the decision will be binding. Then, on behalf of their client, the attorney gathers evidence, prepares witness statements, and presents a clear case to the arbitrator.
How Evidence Is Gathered and Used in Arbitration
When an attorney takes a personal injury case to arbitration, they'll first gather evidence such as:
- Medical records
- Photos of injuries
- Witness statements
- Expert testimony
Once they gather all of this evidence, they'll decide whether documents will be filed on paper with signed affidavits or presented live through testimony; each choice must be agreed upon beforehand. Finally, they'll organize everything in a clear, logical order so the arbitrator can quickly assess liability and damages.
Obtain the Compensation You're Entitled To
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
