If you have been in an auto accident and you are pursuing a personal injury claim against the other party, you will reach an arbitration phase of the personal injury claim. Most accident injury claims are handled through negotiations with the auto insurance company. When you are unable to reach a satisfactory settlement with the auto insurance provider, you will file a lawsuit.
But hopefully, a settlement can agreed upon through arbitration before the case goes before a judge. Using an arbitrator, which can be an individual, organization, or a group. The arbitrator must be approved by all parties, so the process can proceed. The arbitrator cannot be invested in the outcome of the claim settlement, so he or she is an independent third-party.
What Does an Arbitrator Do?
The arbitrator provides services like a judge, which means he or she reviews evidence, hears testimony or reviews formal and written statements, and then decides or makes a ruling regarding the claim. After the decision has been rendered by the arbitrator, all parties in the legal dispute must abide by the decision that was made.
When an arbitrator is used, neither party can ignore the ruling or appeal the decision. Before a car accident injury claim can enter the arbitration phase, the agreement to use an arbitrator must be mutual or unanimous.
The Arbitration Process
Arbitration does not happen overnight. It takes a week or two to properly file the request for arbitration and have it initiated. Then it takes two to six weeks to have an arbitrator selected and approved for your case. The next step is to exchange information and prepare for the arbitration. During this time, you will meet with your lawyer and go over the details of the case, so you will be ready for any questions that the arbitrator might have.
You should be honest and straightforward when describing the accident, the injuries and damages that you suffered as a result. Without an attorney, you cannot go through the arbitration process and expect a successful outcome. A personal injury attorney will know how to proceed with the claim and help you make the proper preparations for your case.
After Arbitration
After arbitration has been successfully completed, if it is applicable you will receive a check for your damages. This check will most likely be sent to your lawyer with you and your lawyer both listed on the check. It will most likely take a couple of weeks to receive your check from the insurance company, but your personal injury lawyer will keep updated on the situation.
After the check is received and cashed, any outstanding expenses will be paid, such as medical bills. The attorney’s fees will then be paid and then, you will receive the remainder of the compensation.
Consult With a Personal Injury Lawyer
If you have been involved in a car accident, you should consult with a personal injury attorney as soon as possible. Complete the Free Case Evaluation Form, so you can have the details of your case reviewed by a local accident injury lawyer.
