Will My Personal Injury Case Go to Trial or Arbitration?

Personal injury cases can be resolved in a variety of ways. One is going to trial, while another is called arbitration. Arbitration is a binding decision. Arbitration is when an impartial third party (an “arbitrator”) who has no involvement or personal interest in the outcome of a personal injury case acts as a mediator who decides the amount of the award or damages. The arbitrator decides the “winners and losers” in a personal injury case. In most cases, both the plaintiff’s side and the side of the defense must abide by the decision of the arbitrator.  

At arbitration, you will lose the opportunity to get your case in front of a jury. Often, arbitration requires time and additional considerations as it is necessary for both parties to agree on the structure of the arbitration.

An arbitrator decides cases based on unbiased, logical evidence and the established law. Arbitration tends to proceed more quickly than a trial and typically cost less. The arbitrator reviews the evidence of your personal injury claim and the respective defense and plaintiff’s attorneys will make statements. Then, witnesses can provide their testimonies and submit documentation. The arbitrator may ask questions to witnesses and lawyers.

Not many cases go to arbitration, but it’s still important to understand them as a possibility depending on circumstances of the case. Sometimes arbitration is a mandatory step of the process and other times it is voluntary to potentially save money for both sides.

With over 20 years of experience in personal injury law, Franco Law Firm is committed to helping you understand your personal injury case. In arbitration, the arbitrator typically will provide their verdict or award in writing to the attorneys involved.This can take a few weeks, but the timeline is largely dependent on the case.

Arbitration is a complex form of litigation, and it’s important to consult an expert in the field of personal injury law before proceeding with the arbitration process. Your lawyer at Franco Law Firm will be familiar with this type of litigation and can provide recommendations on your next steps. We can help you understand your options for arbitration or a trial. For more information, please contact Franco Law Firm at (813)-872-0929.