If you have been involved in an accident and you are pursuing a personal injury claim, you might hear the term arbitrator. When a claim goes to arbitration, it is much less expensive than going to court.
An arbitrator, instead of a judge, hears the evidence and rules on the case. The arbitrator is an independent person or body that has been appointed to settle a lawsuit. Both parties of the case must agree to arbitration and enter into an arbitration agreement in order for it to work.
Arbitration is an alternative form of dispute resolution that has become used for many civil suits, including accident injury cases.
What Does the Arbitrator Do in a Personal Injury Claim?
An arbitrator will carefully consider all evidence presented from both sides of the case. Using relevant laws and any precedents or policies that are applicable, the arbitrator will try to determine who is liable and the value of the claim.
If it is a complex case, the arbitrator needs to have knowledge about that particular discipline.
For example, if the accident involved a commercial truck, then the arbitrator needs to be familiar with semis and the commercial driving industry, as those claims are different than auto accident injury claims involving two passenger vehicles with standard auto insurance coverage.
Basically, the arbitrator acts as a neutral facilitator, much like a judge, determining fault and damages and then ruling on who shall pay whom what. An arbitrator has nothing to gain from the outcome of the case.
Determining the Damages
An arbitrator will review your entire case thoroughly. You must present the same evidence that you would in the event your case advanced to court. The arbitrator will review the accident report, photos, statements from witnesses, and statements from all drivers.
Often, the questioning takes place in the same room where all parties are present, so they can proceed with questioning the next witness or the other party on the same topic.
After carefully reviewing all the evidence, the arbitrator will render a decision. This process can take several sessions and last a week or so.
Don’t expect just one arbitration session and then an agreement to be made and a decision to be rendered by the arbitrator. Arbitration is a very detailed process in which the parties are to be treated fairly and the procedures are to be followed.
Consult with a Personal Injury Attorney
If you have been involved in an auto accident and you are pursuing a personal injury claim, you should consult with a personal injury attorney. You need representation before appearing before an arbitrator.
A lawyer will help you prepare for the arbitration sessions and gather up evidence and documentation in support of your claim. Personal injury attorneys work on a contingency basis, so you have nothing to lose.
Your attorney will not be paid until you are compensated for your damages. Complete the Free Case Evaluation Form to have your case details reviewed by an accident injury lawyer in your area.
