Binding Arbitration And Your Personal Injury
Michael Babboni
Personal Injury
When you're injured in an accident, one of the biggest challenges will often be figuring out just how to go about making a full recovery. Visiting medical professionals can obviously help you heal physically, but what about financial recovery? Seeking compensation is something that is very important for those injured in accidents to do since it allows them to get financial stability, pay for their medical bills and other costs, and focus on healing instead of on the stresses of a financial burden.One aspect of personal injury law that is often overlooked at first is binding arbitration. This can play a number of different roles within the personal injury world, and it's important to understand them as they apply to seeking compensation and getting the financial recovery you deserve.
What Is Binding Arbitration In A Case?
First, it's worth understanding the basics of what the main type of arbitration is. This is a permanent, binding procedure that allows a case to avoid going to an actual judge or jury and is instead presented to an arbitrator. The arbitrator listens to the case and then makes a judgment just as a court would. They can determine the amount of compensation a party is entitled to, or that no compensation is deserved.
Once that an arbitration is completed, the parties have very little recourse afterward. Appeals are nearly impossible, and it must be shown that the arbitration result was wrong and not based on applicable law or on the evidence.
Do Cases Go To Arbitration?
Most personal injury cases don't end up going to arbitration, and any good personal injury attorney will take all the steps they can to avoid putting your case into arbitration. Sometimes, auto accident cases may end up being filed as arbitration when an injured party files a claim with their own car insurance company and a dispute arises from that claim, as many policies will require that these types of claims go to arbitration.
But beyond that, arbitration removes the jury aspect of a case and can make it more difficult to receive the compensation that you deserve. It might be a faster path to an outcome, but beyond that, there are very little benefits to the injured.
A Note On Contractual Binding Arbitration
An increasingly common tactic for some companies to use is to slip binding arbitration legalese into the fine print of service contracts. In some cases, these service contracts can include language that is designed to prevent customers from suing for injuries they sustain as a result of anything related to the business in question. In other instances, the contract states that any injuries must go through binding arbitration, not through
The Bottom Line
As you can see, binding arbitration adds a unique and confusing wrinkle to the already complex world of seeking personal injury compensation. Because of this, it is always in your best interests to find a personal injury attorney and get their help. They can represent your interests and ensure that you don't fall victim to the hurdles binding arbitration can throw in your way.
Contact our team today to find out more, to defend your rights, and to get the compensation you deserve.