How Arbitration Works for Car Accident Injury Claims
Have you been through the unfortunate experience of a car accident? To make matters worse, an injury has occurred, and now you are tasked with deciding on the options available to you to achieve justice. An Orange County car accident attorney can help you achieve your goal, and arbitration might be the best choice for you. Read on to learn how arbitration works for car accident injury claims and how it can help you recover what is rightfully yours.
Car accident arbitration in California is less formal than court
When a car accident has occurred and risen to the level of insurance claims and damages being established, car accident arbitration becomes an option. The parties to a dispute related to insurance settlements from a car accident can choose to process their dispute through car accident arbitration. Arbitration for car accident injury claims is a less formal setting than the courtroom, and there are not the strict procedural and evidentiary rules that civil court follows.
Despite the seeming informality, the decision in arbitration proceedings is legally binding, so the process should always be taken seriously and approached with the right legal representation.
The process is overseen by a legal professional known as an arbitrator
The main benefit of arbitration is the more conversational environment for the parties, their attorneys, and the insurance company, with the arbitrator serving basically as the referee for the entire process. The arbitrator should be a neutral party who hears the arguments from the attorneys, parties, and the insurance company, and uses the information they hear to resolve the issues. While the arbitrator is neutral, it is important to recognize their significant decision-making power. Whatever their decision might be, though, it is up to you whether to settle the case through arbitration, or to instead proceed to court.
The arbitrator decides the outcome of the car accident arbitration
While the arbitration process is less formal than the court setting, the arbitrator comes to a final decision on the arbitration much like a judge or jury might in court. Given the ability of the arbitrator to decide upon the outcome, this process can be advantageous to some, but it might not be the best choice for others. Should the outcome not be what you want, you can refuse to settle through arbitration and proceed to court.
The American Arbitration Association notes that arbitrators are responsible for presenting an “award” decision, but it is up to the parties to accept the award or instead move the dispute to court. Given that arbitration is inexpensive, it can be worth a shot regardless.
An experienced personal injury attorney can help with your car accident arbitration
Given the complexities of car accident arbitration in California, an experienced personal injury attorney can provide you the best opportunity to achieve a favorable outcome through the car accident arbitration process. Car accident injuries can be serious, and the implications of the damage can be far-reaching and extend long beyond the accident itself. With an informed attorney at your back, you can rest assured your case outcome in arbitration will be optimized.