What Is Arbitration in a Personal Injury Case?

When settlement negotiations reach an impasse and both parties want to avoid the uncertainty and expense of a full trial, arbitration offers an alternative path to resolution. This process combines elements of negotiation and courtroom proceedings, often delivering faster results than traditional litigation. However, arbitration also comes with unique rules, limitations, and potential drawbacks that every personal injury plaintiff should understand before agreeing to arbitrate their claim. Learn more about arbitration in personal injury disputes with our St. George injury lawyers.

How Arbitration Works in Personal Injury Disputes

Arbitration is a private dispute resolution method where a neutral third party makes a decision about your case instead of going to court. Before the process begins, you and the opposing party must make several critical decisions together:

• You must voluntarily agree to arbitrate, unless you are bound by a mandatory arbitration clause in a contract. 
• You will need to select a neutral arbitrator, who is typically an attorney or retired judge, and determine how to split the arbitrator’s fees.
• You must decide whether the arbitration will be binding (a final decision with no appeals) or non-binding (recommendations only).
• You must choose whether to arbitrate only specific issues, such as liability or damages, or the entire case.
• You must agree on how evidence will be presented—through written documents only, live testimony, or a combination.

The arbitration process resembles a trial but with less formality and stricter time limits. Once these preliminary decisions are made, the arbitration typically moves forward quickly. Both sides present opening statements, submit evidence, call witnesses if agreed upon, and deliver closing arguments. The entire process usually takes place over a few days. Most arbitrators issue written decisions within weeks of the hearing.

The Arbitrator’s Role in Deciding Your Case

Your arbitrator acts like a judge in your case, reviewing evidence and determining both liability and damages. This person listens to both sides, asks questions when needed, and weighs the evidence to determine whether you’re entitled to compensation and how much you should receive. They have the authority to make the final decision in binding arbitration or provide recommendations in non-binding arbitration.

How a Personal Injury Lawyer Supports You Through Arbitration

When you choose to pursue arbitration, your attorney will work to protect your best interests. They will help you gather evidence, interview witnesses, and develop legal arguments for the process. Your lawyer will also help select an impartial arbitrator whose background and experience align with your case type. Throughout the process, your attorney protects your rights, presents your case effectively, and can negotiate settlements even during arbitration proceedings.

When Is Arbitration Right for Your Personal Injury Claim?

Arbitration works best when you want a faster resolution, have a straightforward case with clear damages, or face high litigation costs that might exceed your potential recovery. However, arbitration may not be ideal if your case involves complex legal issues, significant damages that warrant a jury’s consideration, or if you need extensive discovery to prove your claim.

It’s important to understand your rights before agreeing to this process. A personal injury attorney from We Win Injury Law can evaluate whether arbitration is truly in your best interest or if pursuing your case through the courts might yield better compensation for your injuries. Contact a lawyer as soon as possible to discuss your case and explore all available legal options.