If you and the other party have agreed to go through arbitration to settle a personal injury claim, you might be wondering what the arbitration hearing is like. It is very similar to court, but it is not as formal and does not have as many rules.
Both parties will present evidence that pertains to the accident and to show responsibility for the damages. While an arbitration hearing could have opening statements, just like a court hearing, those are usually waived because briefs, evidence and documents have been submitted to the arbitrator before the hearing date.
When the Hearing Begins
Any witnesses, including eyewitnesses or expert witnesses, will be questioned and cross-examined. The drivers can testify. There will be an examination of documents and evidence, and any questions regarding those can be addressed. Then, there may or may not be closing arguments depending on the specific situation.
The arbitrator, who is an independent third-party with no ties to the accident and who will not benefit from the ruling, will then make a ruling on the case. He or she will decide who was at fault and the amount of, if any, damages that are to be awarded.
Because an arbitration agreement must be entered, both parties must agree to the arbitration process and the assignment of the arbitrator. Arbitration rulings are binding, just as a court decision would be. A defendant cannot ignore a ruling to pay and only in rare circumstances could an arbitration hearing decision be appealed to a court of law.
Preparing For the Arbitration Hearing
You will need a personal injury lawyer to prepare for the arbitration hearing just as you would for a court hearing. There will be questioning, gathering of evidence and documentation, and a secondary investigation to help support your claim. Sometimes expert witnesses might be necessary to support your case, or eyewitnesses might need to be tracked down.
You would need an attorney to help gather up witnesses to support your claim. Without an accident injury lawyer representing you at an arbitration hearing, you are much less likely to get the settlement that your claim is worth because you will not have all the necessary evidence and preparations to argue your case and to show liability.
Consult With a Personal Injury Attorney
If you have been involved in an auto accident, you should consult with a personal injury attorney. Personal injury claims are challenging, and you need someone aggressively pursuing your claim for you.
Gathering evidence and documentation is time consuming, and you want to make sure your case is put together in an effective way. Getting the right witnesses and understanding the questioning process is also important to the outcome of your case.
Personal injury lawyers work on a contingency basis, so you have nothing to lose. Complete the Free Case Evaluation Form today, so you can get your personal injury claim on the right track and have the right representation at your arbitration hearing.
