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Should You Choose Arbitration in Your Personal Injury Case?

Did someone else’s negligence cause you to be injured in an accident in Jackson, MS? While you of course want to utilize your legal right to claim compensation for your injuries, you might be dreading the litigation process of taking your claim to court. And that feeling is understandable! Taking a personal injury claim to court can be tedious and overwhelming. The good news is that you have the option to consider arbitration – an alternative to litigation.

Arbitration is a process in which an independent person – called the arbitrator – makes an official decision that ends a legal disagreement without the need for it to be solved in court, according to the Cambridge Dictionary. Most arbitration conclusions are binding to all parties involved and usually do not lead to an appeals process.

Arbitration can sometimes be a simpler and less stressful process. But when determining whether to use arbitration or litigation to move your case forward, you should assess the pros and cons of each process with your personal injury attorney.

The Arbitration Process Explained

When considering arbitration as an alternative to litigation, you need to fully understand the process. With arbitration, the parties involved will determine certain matters, explains HG.Legal. These matters may include who pays which items such as court and legal fees. Evidence and witness statements are often required. Then, an arbitrator is chosen to determine the final decision. Experts in certain issues could present testimonies that may affect the outcome. As a victim trying to ensure that you receive the full compensation you deserve, may need to go through the same processes that litigation requires. This may lead to additional witnesses providing testimony, an expert in the matter to connect liability, and a lawyer to help convince the arbitrator that you the victim should receive compensation. Unless the outcome is unreasonably unfair, an appeals process is not possible after the arbitrator concludes the process, explains HG.Legal.

The Potential Pros of Arbitration

Personal injury claims in Louisiana are often painstakingly complex cases. They often require significant – and sometimes contentious – evidence to prove that another person or entity is responsible for the damage caused to you. Even when you’re in the right, claiming the compensation you deserve can be extremely difficult. So how might arbitration help?

  • In contrast to heated courtroom debates, arbitration processes are voluntary with all parties agreeing to the factors involved with binding or nonbinding results, explains Legal.
  • A common concern regarding arbitration is if it will have binding or nonbinding results. The pros of arbitration often include the desired binding results when the third-party arbitrator decides the injured has sufficient evidence to prove the case.
  • The formal process is similar to litigation, which all parties involved may find comforting and assuring.
  • While the results of the process may have a similar binding effect, the costs and time commitments required are generally significantly less than the litigation method.
  • Arbitrators often have years or decades more experience than the standard judge in a courtroom, and his or her judgment takes into account all factors supplied by the parties.
  • Attorneys specializing in arbitration may assist to a greater degree when they are not arguing against certain aspects of a case.
  • Arbitration normally takes less time than litigation – still giving you as the victim enough time to make your case without complicating matters too much.

The Potential Cons of Arbitration

While the apparently more peaceful process of arbitration might seem appealing, there are significant possible cons to consider.

  • If the arbitration is nonbinding, the plaintiff (victim) seeking compensation will get little resolution.
  • A binding judgment may not include as much compensation as necessary for a full recovery from injuries.
  • With little options for appeal, the person may face only a slight increase in quality of life from the arbitration process. He or she may also need to agree upon the procedure entirely with the other party before it may begin.
  • A third-party arbitrator must be chosen, which can be a difficult decision.

Should You Choose Arbitration?

As soon as possible after your accident, you should contact a personal injury attorney right away to start discussing your case and making your claim for compensation. During this discussion, your attorney can help you weigh the pros and cons of arbitration for your particular case. From there, you can decide if arbitration is the path you want to pursue. Whichever process is better for your case, The Heilman Law Group will help you fight injustice and get the compensation you’re counting on. Contact us online or call us at 601-914-1025.

 

Heilman Law Group, PA

4266 I-55 North, Suite 106

Jackson, Mississippi 39211

Phone: 601-914-1025

Fax: 601-960-4200

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  • Jackson Office
    4266 I-55 North
    Suite 106
    Jackson, Mississippi 39211
    Phone: 601-914-1025
    Fax: 601-960-4200
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