logo for injury-settlement-guide.com
Home
FREE Case Review
Claim Guide: How Claims Work
Basic P.I. Concepts
Who's at Fault?
After the Accident
Compensation
How to Negotiate
Accepting the Offer
Filing a Lawsuit
Hiring Your Lawyer
Extra Info
Case Types: Car Accidents
Slip and Falls
Workers Comp
Product Liability
Dog Attacks
Medical Malpractice
Wrongful Death
Nursing Home Abuse
Mesothelioma
Other Case Types
More Info: Demand Letters
Accident Form
State Laws
Guest Articles
Share This Site
Site Updates
Attorney Directory
About/Contact

Subscribe To This Site
XML RSS
Add to Google
Add to My Yahoo!
Add to My MSN
Subscribe with Bloglines
leftimage for injury-settlement-guide.com
 
Ask an Attorney a Question for FREE!

To Arbitrate or Go To Trial?

by Anonymous
(Chicago, IL )

I was rear ended in an auto accident in 2003 resulting in 3 surgeries & permanent injury to my wrist, shoulder and collarbone.

The court date is this August. My lawyer is telling me that the defense will only agree to arbitration with an agreed upon cap, or trial.

I don't know what the case would get in trial and I don't really understand the process of arbitration in terms of... is it possible i will get my cap? The award may be over the cap?

I need advice re: my injuries, parties involved, and since we are suing an insurance company, which course of action would result in the most beneficial result for me?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

Comments for
To Arbitrate or Go To Trial?

Click here to add your own comments

Ask Questions
by: Law Lady

You should ask your attorney a few questions before proceeding with these details in mind. Trial can be very expensive and while your attorney may advance those fees (or pay for them up front for you), he or she will be reimbursed from your settlement.

Depending on what the case is worth, you and your lawyer will need to make the intelligent decision of what the case is worth balanced against the cost to try it. Sometimes this will make the decision for you.

Now, when you are talking about arbitration, there are two kinds: Binding and non-binding. If binding, the award the arbitrator gives you is final. If non-binding, you still have the opportunity to go to court typically if you are unhappy with the award.

You will want to ask your attorney which type of arbitration has been suggested and whether it is mandatory. Lastly, the defense usually submits and offer to you with language that induces you to settle. Such language may require that you pay their defense fees if you lose.

You should ask your lawyer if you have received any such offer. Never make a decision without first knowing all the facts. I assume that once you know what you are getting into, the decision will be much easier to make.

Good luck.

Click here to add your own comments




How Much Is Your Case Worth?
Find out NOW! Complete this form for a FREE case
review by an experienced attorney...



The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.

footer for injury settlement page

Bookmark and Share