A common misconception about personal injury cases is that they all go before a jury. However, most personal injury claims are settled long before they ever have to see a courtroom. For cases that settle outside of court, often times both parties will seek an alternative dispute resolution source or are contractually required to do so, such as mediation or arbitration, to obtain a settlement through negotiations or an arbitration. Some cases are also only tried to the judge instead of a jury. The difference between going to trial and settling out of court is significant to the outcome of a personal injury case, and can have a major impact on the final settlement.
With this in mind, you might be wondering why personal injury cases might go to arbitration instead of trial. Continue reading to learn a few examples of when this could happen, and where to get trusted legal advice regarding your personal injury claim.
How Arbitration Works
In order to resolve a case by means of arbitration, both parties must agree or there must be a legitimate end enforceable contractual requirement. When two parties go to arbitration, together they select an impartial, unbiased party(ies) to resolve their dispute. This person is known as an arbitrator. Sometimes, each side picks an arbitrator and those two arbitrators then select a third arbitrator. The two parties agree beforehand that they will comply with the arbitration award. Once the arbitration begins, a single hearing or a series of hearings are held to allow both parties to present their evidence and testimony. Then at the conclusion, the arbitrator(s) renders a final decision.
Arbitration is sometimes preferred over trial for the main reasons of time and money. It is faster, more efficient, and costs much less than a court trial. It is a streamlined version of dispute resolution since it eliminates the formalities of court procedures, such as filing, court dates, motions, jury selection, and more. Court costs, attorney fees, filing fees, and time off work are all examples of associated, out-of-pocket costs claimants can face if they push for their case to go to trial.
Cases That Go to Arbitration
Typically, both parties involved in a personal injury case have to choose alternative dispute resolution. However, there are some personal injury cases that are legally required to go to arbitration. Such cases are generally those that are bound contractually by arbitration clauses, which usually state that parties must enter arbitration in the circumstance of a contract dispute and/or breach. One of the main objectives for companies to include arbitration clauses in their contracts is to mitigate legal costs, while others believe that arbitrators award less than jurors in some circumstances.
If you are a personal injury victim facing an arbitration clause, there is still hope for your case. Contact a licensed Indianapolis personal injury lawyer to represent your claim in arbitration, and recover the full settlement or judgment you deserve.
Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential personal injury claim with licensed Indianapolis accident attorneys you can trust. Our law firm offers free initial consultations and never collect lawyer fees unless we recover a settlement or judgment for you. We represent clients throughout the State of Indiana. Be sure to get started on learning more about your claim soon, before the Indiana statute of limitations runs out! The sooner you retain us, the sooner we can start collecting the evidence necessary to prove your case and before that evidence is lost.